FIRST SECTION
DECISION
Application no. 78035/13
Marik Kiyamovich AVYASOV
against Russia
The European Court of Human Rights (First Section), sitting on 9 September 2014 as a Committee composed of:
Khanlar Hajiyev, President,
Erik Møse,
Dmitry Dedov, judges,
and Søren Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 28 November 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Marik Kiyamovich Avyasov, was born in 1965 and lives in Novokuybyshevsk. He is a former national of Uzbekistan.
2. The Russian Government (“the Government”) were represented by their Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
3. On 19 November 2012 the Consumer Protection Authority of the Samara Region issued a decision to declare the applicant’s presence in Russia undesirable on account of his HIV-positive status. On 20 December 2012 the Samara division of the Federal Migration Service annulled the applicant’s residence permit. The applicant applied to a court for the protection of his right to respect for his family life. On 14 June 2013 the Samara Regional Court dismissed his claim on appeal.
4. The applicant complained under Articles 8 of the Convention, taken alone or in conjunction with Article 14 of the Convention, that he had been a victim of discrimination on account of his health status as regards the annulment of his residence permit and the pronouncement of his presence in Russia undesirable. The complaints were communicated to the Government who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant who was invited to submit his comments. No reply was received to the Registry’s letter.
5. The applicant was subsequently notified by registered mail that the period allowed for submission of his observations had expired on and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, no response has been received.
THE LAW
6. The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his applications, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the cases.
7. In view of the above, it is appropriate to strike the application out of the Court’s list of cases.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Søren PrebensenKhanlar Hajiyev
Acting Deputy RegistrarPresident
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