A recent study by Monique Agius criticizes Malta’s Citizenship naturalisation process, stating that long-term residents are unfairly at the whim of the Home Affairs Minister.
The lack of clear criteria for naturalisation, in comparison to golden passport schemes, is highlighted in Agius’ dissertation as she calls for a revamp of the system. Agius suggests implementing objective and legal criteria or providing detailed guidelines similar to the UK. If the legislation remains stagnant, legal practitioners should utilize the judicial review process more frequently to challenge rejected citizenship bids.
“The changing social reality in Malta calls for a corresponding adjustment in its laws. The country’s shift from a nation of emigration to one of immigration necessitates a reevaluation of the naturalisation regime to embrace, rather than exclude, foreigners within Maltese society,” stated Agius in her dissertation.
In 2021, when Agius conducted her research, 22% of the 519,562 individuals residing in Malta were non-Maltese, representing a significant increase from 2011.
Agius’s interest in the naturalisation process was sparked by the experience of a Palestinian friend who obtained citizenship almost two decades after relocating to Malta, purchasing property, and marrying a Maltese citizen.”
Agius was prompted to investigate the naturalisation process after witnessing her Palestinian friend obtain citizenship nearly two decades after moving to Malta and establishing roots there. Her friend had purchased property, married a Maltese national, and regularly resided on the island. Agius specifically focused on naturalisation by residence, which applies to individuals who choose to move to Malta, refugees, individuals with rejected asylum, and their children who were born in Malta.
Agius argues that while the law outlines a five-year residency requirement, the other criteria of “adequate knowledge of Maltese or English,” “good character,” and being a “suitable citizen” are subjective and unclear. She notes that individuals applying for citizenship through direct investment have a clearly defined list of disqualifying factors, unlike those applying through residency.
Additionally, Agius mentions that law firms specializing in citizenship mention a residency requirement ranging from seven to 20 years for naturalisation by residence. She also points out that Malta signed a European Convention on Nationality in 2003 that would allow individuals residing on the island the right to apply for citizenship after 10 years.
Despite the Citizenship Act stating that the minister’s decision is final and cannot be appealed, Agius argues that applicants can seek a judicial review due to local courts considering citizenship decisions to be administrative acts. She references a case where a court ruled that the minister should provide reasons for their decision, unless it would harm public interest. However, the court also noted that if the actual reason for refusal cannot be disclosed, this should be stated.
Agius believes there should be a fairer approach to the minister’s discretion in citizenship decisions, citing the UK’s updated citizenship rules where applicants can appeal a refusal with an explanation provided by the Secretary of State.
Source: Times of Malta
