A constitutional application filed by a woman whose request to marry a foreign national had been denied has been dismissed after the court ruled that the woman had not made use of the ordinary remedies available to her at law.

This judgment was delivered by Madam Justice Abigail Lofaro following an application filed by Tereza Camilleri against the Marriage Registrar. Ms Camilleri claimed that her fundamental human rights had been violated when the registrar refused to publish the banns of her proposed marriage to Egyptian national Ahmed Kamel Mohammed El Azeb.

The registrar had refused the publication until evidence was produced to establish that Mr El Azeb had a regular visa to reside in Malta.

Ms Camilleri pleaded that the Marriage Act did not make the production of a visa a requirement for a marriage. She claimed that the Marriage Registrar was violating her right to marry who she pleased. But the registrar pleaded that Ms Camilleri had not exercised the normal remedies available to her at law, for she had not contested the registrar's decision by applying to the ordinary courts.

The court found that Ms Camilleri had been too hasty in filing her constitutional application. The Marriage Act provided that a person could file an application to the court of voluntary jurisdiction for an order for the publication of banns for a marriage. The court could give a judgment on such an application. There was therefore a remedy available to Ms Camilleri in terms of law and she had not therefore any need to seek a constitutional remedy.

Madam Justice Lofaro therefore upheld the registrar's plea and dismissed the constitutional application.