FIFTH SECTION
DECISION
Application no. 26765/11
B.J. and OTHERS
against Sweden
The European Court of Human Rights (Fifth Section), sitting on 28 August 2012 as a Committee composed of:
Mark Villiger, President,
Ganna Yudkivska,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 26 April 2011,
Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court and the fact that this interim measure has been complied with,
Having regard to the comments submitted by the Swedish Government and the applicants,
Having deliberated, decides as follows:
THE FACTS
The applicants, a married couple and their two children, are Iranian nationals who were born in 1970, 1977, 1997 and 1998 respectively. The President granted the applicants’ request for their identities not to be disclosed to the public (Rule 47 § 3). They were represented before the Court by Mr F. Serce, a lawyer practising in Gothenburg.
The Swedish Government (“the Government”) were represented by their Agent, Ms H. Lindquist, of the Ministry for Foreign Affairs.
The facts of the case, as submitted by the applicant, may be summarised as follows.
In Iran, the applicants had advocated a free sex life as members of a group which was registered online. They had been arrested due to this and risked being sentenced to 3-10 years of imprisonment or stoning if returned. The applicants further alleged that the first applicant had worked as a journalist in Sweden promoting Iranian citizens’ rights.
On 10 September 2009 the Migration Board rejected the asylum application. The Board held that documents submitted by the applicants were copies of poor quality that did not substantiate their claims. It further considered that their stories were vague and contradictory and questioned their alleged fear of retaliation by the Iranian authorities. Moreover, in the Board’s view, the applicants had not shown that the Iranian authorities would have an interest in them due to the first applicant’s work as a journalist in Sweden. The decision was upheld by the Migration Court (Migrationsdomstolen) on 8 October 2010. On 11 January 2011 the Migration Court of Appeal (Migrationsöverdomstolen) refused leave to appeal.
On 20 March 2012, following the communication of the present application, the Migration Board granted the applicants permanent residence permits in Sweden. The Board had regard to the first applicant’s continued and extended political activities in Sweden, which were likely to have attracted the attention of Iranian authorities who, consequently, would have an interest in him and likely subject him to ill-treatment if he were returned to Iran. The other applicants were granted residence permits due to their family ties with the first applicant.
COMPLAINT
The applicants complained that the implementation of the deportation order would be in violation of Article 3 of the Convention.
THE LAW
On 30 March 2012 the Government informed the Court of the Migration Board’s decision of 20 March 2012 and invited the Court to strike out the application. On 30 April 2012 the applicants stated that they had no objection against this.
The Court notes that the applicants have been granted permanent residence permits in Sweden and that they thus no longer face a deportation to Iran.
The Court considers that, in the above circumstances, the applicants may be regarded as no longer wishing to pursue their application, within the meaning of Article 37 § 1 (a) of the Convention. The Court also notes that the matter has been resolved, within the meaning of Article 37 § 1 (b). 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 case.
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.
Stephen PhillipsMark Villiger
Deputy RegistrarPresident
Full & Egal Universal Law Academy