An Egyptian-born man who twice married in Malta, today won his right to Maltese citizenship after it was revoked by the authorities.
The First Hall of the Civil Court found that the revocation of Louay Mabrouk's citizenship violated his right to family life.
Mr Mabrouk, who was born in Egypt, told the court that in November 1993 he married a Maltese woman by civil rite and he married in Church in the following year.
He was then declared to be a Maltese national and his son, born from the marriage, was also a Maltese citizen.
In 1998 Mr Mabrouk's marriage was declared to be null and void by the Civil Court, though he remained a Maltese national.
In 2003 Mr Mabrouk married a Russian woman who was then granted freedom of movement in Malta. Two sons were born of this marriage, both of whom had Maltese nationality.
But, in 2006 the Minister for Home Affairs commenced proceedings to withdraw Mr Mabrouk's nationality and appointed a Committee of Inquiry to consider the facts of the case and to make its recommendations.
On the basis of the committee's findings, the minister concluded that Mr Mabrouk was no longer entitled to Maltese citizenship.
Mr Mabrouk claimed that the proceedings before the committee violated his right to a fair hearing. He further claimed that his right to protection of family life had been violated.
Mr Justice Zammit McKeon ruled that the committee was not a court or a tribunal as it acted only in an advisory capacity to the minister. Consequently, Mr Mabrouk's claim that he had been denied a fair hearing was not valid.
But the court concluded that Mr Mabrouk's right to protection of family life had been violated since he had proven that he had established a family life in Malta.
The court pointed out that no one was entitled to establish a family life in a particular jurisdiction. Each state was entitled to control the entry, residence and expulsion of non-nationals from its jurisdiction. But it clearly resulted that Mr Mabrouk had three children who were Maltese nationals and that he had established a stable family life in Malta with his second family. If he was to be classified as an alien there was the risk that his family would be seriously disturbed as he would have to leave the country.
The court concluded that there was no doubt that Mr Mabrouk's right to enjoyment of family life would be violated if he was deprived of his Maltese citizenship. It therefore declared the ministerial order to be null and void.