Couple claim human rights breach over man's visa refusal

A married couple yesterday filed a judicial protest in the First Hall of the Civil Court claiming that their fundamental human rights had been violated.

Josephine and Moncef Choubene filed their protest against the Director of the Citizenship and Expatriates Department, the Minister for Justice and the Interior and the Commissioner of Police.

The couple claimed they had married in Malta in January 2004.

Immediately after the marriage, they had applied to the Citizen and Expatriates Department for freedom of movement for the husband.

This permit was usually issued within a few weeks.

In March 2004, the department had written to the police to see whether there was any objection to this freedom of movement, and it was only in April of this year that the immigration officials replied that there was an objection.

The police gave no explanation for their objection, and the couple then requested that the police reconsider their position.

They claimed that the wife was unable to work for health reasons while her husband could not work unless he was granted freedom of movement.

They were therefore suffering great damages due to respondents' actions.

This summer the husband had to leave the country for a short period and required a visa to return.

However, the police had refused his application for a visa.

As a result, the couple claimed that their fundamental human rights had been violated and that they had not been given any reason for the refusal.

They therefore called upon respondents to immediately issue a visa for the husband and to grant him freedom of movement in Malta.

Lawyer Leslie Cuschieri signed the protest.