Marriage annulment as a migrant gatekeeping tool? : an inquiry into the relationship between articles 19 and 38 of the Marriage Act

Abstract

As some migrants struggle to even exercise their fundamental right to marry, others eventually manage to do so only to have that very same marriage annulled on the basis that it was one of convenience. This pre-conceived notion that migrants only marry for the sake of gaining citizenship has been an ever-growing issue in recent years, with many provisions being put in place to combat marriages of convenience, yet very little by way of protecting the innocent parties who are caught up in this generalisation. This dissertation therefore places great importance on the laws governing marriages of convenience and marriage annulment. Article 38 of the Marriage Act defines marriages of convenience, hence why it is analysed in detail so as to have a clear understanding of this definition. It is also analysed in its relationship with Article 19 of the Marriage Act, which contains within it the grounds upon which a marriage can be annulled. The interplay between the two also raises criticism, especially when certain grounds of annulment are deemed to be intrinsically linked to marriages of convenience by the Maltese Courts. Hence why a significant part of the dissertation then focuses on relevant jurisprudence so as to better understand and criticise the rationale behind such annulments.