THIRD SECTION
DECISION
Application no. 21741/07
Intisar ABDILAHI ABDULWAHIDI
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 12 November 2013 as a Committee composed of:
Alvina Gyulumyan, President,
Kristina Pardalos,
Johannes Silvis, judges
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 25 May 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Intisar Abdilahi Abdulwahidi, is a Somali national, who was born in 1978 and lives in Dongen. She was represented before the Court by Mr C. Ingelse, a lawyer practising in Maastricht. The application was also lodged on behalf of the applicant’s two minor children.
The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, and their Deputy Agent, Ms L. Egmond, both of the Ministry of Foreign Affairs.
The applicant complained that her expulsion to Somalia would violate her rights under Articles 3 and 8 of the Convention and also alleged a violation of Article 13 of the Convention.
On 4 June 2007 the Court decided to give urgent notification of the application to the Government (Rule 40 of the Rules of Court). Moreover, on 17 October 2008 the President of the Section decided to indicate to the Government that it was desirable in the interests of the parties and the proper conduct of the proceedings before the Court that the Government ensure that the applicant and her children were provided with adequate accommodation pending the enforcement of their expulsion (Rule 39). The President also decided that the Government should be invited to submit their written observations on the admissibility and merits of the case.
On 27 February 2009 the Government submitted to the Registry their observations on the admissibility and merits of the application. These were forwarded to the applicant on 24 March 2009, who was invited to submit observations in reply by 5 May 2009.
On 30 June 2009 the President decided to adjourn the Court’s examination of the case pending proceedings at the national level on a new request for a residence permit lodged by the applicant.
The Acting President of the Section decided on 19 January 2012 to lift the interim measure indicated on 17 October 2008 under Rule 39.
On 1 August 2013 the Government informed the Court that the applicant had been granted a residence permit pursuant to a temporary and transitional regulation relating to children of asylum seekers (and their close relatives) who had been residing in the Netherlands for a long time.
In a letter of 2 September 2013 the applicant confirmed that in view of this development she did not wish to maintain her application.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Marialena TsirliAlvina Gyulumyan
Deputy RegistrarPresident
Full & Egal Universal Law Academy