THIRD SECTION
DECISION
Application no. 14117/14
Ellen EMMANUEL
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 23 September 2014 as a Commitee composed of:
Alvina Gyulumyan, President,
Johannes Silvis,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 7 February 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Ellen Emmanuel, is a Nigerian national, who was born in 1983 and lives in Rotterdam. She was represented before the Court by Ms J. van Veelen-de Hoop, a lawyer practising in Rotterdam.
The Netherlands Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry of Foreign Affairs.
The applicant complained under Article 8 of the Convention about the refusal of her request for a residence permit for the purpose of exercising family life with her four children in the Netherlands.
On 12 March 2014 the judge appointed as rapporteur under Rule 49 § 2 of the Rules of Court decided that further factual information from the Government was required.
By letter of 28 May 2014 the Government informed the Court that on 27 May 2014 the applicant had been granted a residence permit for the purpose of exercising family life in the Netherlands. Consequently, they requested the Court to strike the case out of the list of pending cases under Article 37 § 1 of the Convention.
By letter of 17 June 2014 the applicant’s representative also informed the Court that the applicant had been granted a residence permit and that she therefore wished to withdraw the 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 Tsirli Alvina Gyulumyan
Deputy RegistrarPresident
Full & Egal Universal Law Academy