FIRST SECTION
DECISION
Applications nos. 33636/19 and 42669/19
A.M. against the United Kingdom
and A.A.M. against the United Kingdom
(see appended table)
The European Court of Human Rights (First Section), sitting on 29 September 2020 as a Committee composed of:
Krzysztof Wojtyczek, President,
Linos-Alexandre Sicilianos,
Armen Harutyunyan, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ details are set out in the appended table. The President of the Section decided under Rule 47 § 4 of the Rules of Court to grant the applicants anonymity.
The applicants were represented by K. Beheshtizadeh of Fadiga & Co., a lawyer practising in London.
The applicants, who are mother and daughter, complained under Article 3 of the Convention about their expulsion to Tanzania and the adequacy of the medical care the first applicant would receive there. The complaints were communicated to the Government of the United Kingdom (“the Government”) on 12 November 2019.
On 14 February 2020 the parties informed the Court that the Government had agreed to grant the applicants leave to remain, subject to satisfactory security checks, for an initial period of 30 months, and to pay to the applicants’ legal representatives the amount of 6,000 pounds sterling (GBP) to cover the costs and expenses of both applicants. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on this amount, 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 and the provision of written confirmation that the applicants have been granted leave to remain will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In view of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications under Article 37 § 1 in fine.
Accordingly, the applications should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 22 October 2020.
Liv TigerstedtKrzysztof Wojtyczek
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(expulsion, access to adequate medical care)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Amount awarded for costs and expenses jointly to the applicants[1]
33636/19
21/06/2019
A.M.
2015
GBP 6,000
42669/19
19/07/2019
A.A.M.
1992
[1] Inclusive of any tax that may be chargeable to the applicants.
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