FOURTH SECTION
DECISION
Application no. 67792/10
A.H.M.
against the United Kingdom
The European Court of Human Rights (Fourth Section), sitting on 4 December 2012 as a Committee composed of:
Päivi Hirvelä, President,
Zdravka Kalaydjieva,
Paul Mahoney, judges,
and Fatoş Aracı, Section Registrar,
Having regard to the above application lodged on 22 November 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr A.H.M, is an Afghan national, who was born in 1992 and lives in Taunton. The President granted the applicant’s request for his identity not to be disclosed to the public (Rule 47 § 3). He was represented before the Court by South West Law, a law firm practising in Bristol. The United Kingdom Government (“the Government”) were represented by their Agent, Ms R. Tomlinson.
The applicant complained under Articles 2, 3 and 8 of the Convention that his removal to Afghanistan would put his life at risk and disproportionately interfere with his right to respect for his private and family life in the United Kingdom.
On 8 April 2011, the Acting President of the Fourth Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1) and to grant priority to the application (Rule 41 of the Rules of Court)
On 1 August 2012, the Government informed the Court that the applicant had been granted leave to remain in the United Kingdom as a refugee.
On 16 October 2012 and 23 October 2012, the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the United Kingdom in respect of the facts giving rise to this application against an undertaking by the Government to pay him GBP 6968.64 (six thousand nine hundred and sixty eight pounds sterling and sixty four pence) to cover any and all costs and expenses. This sum will be inclusive of any taxes or other liabilities that may be applicable and will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the matter has been resolved and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Fatoş AracıPäivi Hirvelä
Deputy RegistrarPresident
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