Moroccan contests Civil Court's removal of freedom of movement

A Moroccan woman filed a constitutional appeal after the First Hall of the Civil Court ruled that her marriage had been one of convenience and that she had no right to stay in Malta.

On April 12, Judge Gino Camilleri declared Saadia Chabab's  freedom of movement revoked, upholding a removal order called for by the police. The First Hall declared that there was no family life between Saadia  Chabab and her husband Mario Farrugia, however the applicant held that this was the wrong conclusion.

In her appeal, the Moroccan woman insisted that the couple had been married for 11 years and still live together in Birkirkara. The case had kicked off after Chabab had left the matrimonial house following an argument with her husband over their pet dog.

However the woman had also claimed that the husband had a drinking problem and had returned home injured after getting drunk. The constitutional appeal states that the First Hall of the Civil Court does not take into account the second instance.

Saadia Chabab challenged the court's decision that there was no family life and highlighted that when the husband had been injured due to an accident and could not work, she used the money she earned herself for both of them.

Subsequent to the argument during which the woman had left the matrimonial home, the couple had settled their differences and returned to living a married life together in their house in Birkirkara.

In her application the Moroccan woman said that the decision of the

First Hall went against the European Convention of Human Rights and Article 36 of the Constitution of Malta.

The application was filed by lawyers Yanika Bugeja, Annalise Debono and Joseph Gatt on behalf of the Moroccan national.