A court has refused a man’s appeal against deportation, but recommended that his case is looked upon favourably by the Immigration Office.

The man, Mohannid Sogr Garzadin, is facing deportation after he failed to extend his leave of stay. However, Mr Garzadin argued in his application in the civil court, in its constitutional jurisdiction, that his fundamental right to enjoy his family is being breached.

He has a daughter with a Maltese woman who is expecting another child.

The court heard how Mr Garzadin had been allowed to stay in Malta for three days but had failed to extend his leave of stay once it expired. The court noted that it was his legal duty to request an extension and had he done exactly that, he would probably have been allowed to stay, once he had proved that he had a family here.

Since the Mr Garzadin had not asked for an extension to his leave of stay, the Immigration Office ordered his deportation.

In his application, Mr Garzadin asked for the situation to be remedied.

His request was not upheld by the court because he had failed to go through the

proper legal channels in order to remain in Malta.

The court did, however, note that his case was genuine and recommended that his situation be looked upon favourably by the immigration office, after the legal issues had been ironed out.

Mr Justice Giannino Caruana Demajo presided over the court.