THIRD SECTION
DECISION
Application no. 34425/22
Fesseha GEBREHIWET GEBREMEDHIN and Others
against the Netherlands
(see appended table)
The European Court of Human Rights (Third Section), sitting on 23 November 2023 as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Oddný Mjöll Arnardóttir, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 July 2022,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are Fesseha Gebrehiwet Gebremedhin, Musie Gebrehiwet Gebremedhin and Berihu Gebrehiwet Gebremedhin. They were represented by Ms M.L. van Riel, a lawyer practising in Alkmaar.
The applicants’ complaints under Article 8 of the Convention concerning the dismissal of family reunification requests for Musie and Berihu Gebrehiwet Gebremedhin to join their brother, Fesseha Gebrehiwet Gebremedhin, were communicated to the Dutch Government (“the Government”).
On 16 August 2023 the Government informed the Court that the dismissal had been revoked and that family reunification between the three brothers would be granted. For that reason, the Government requested the Court to strike out the case. The applicants’ representative responded on 5 September 2023 that she agreed that the application should be struck out from the Court’s list of cases.
THE LAW
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 application under Article 37 § 1 in fine.
Accordingly, the application should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 14 December 2023.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 8 of the Convention
(Family life)
No.
Applicant’s Name
Year of birth
Nationality
1.
Fesseha GEBREHIWET GEBREMEDHIN
1999
Eritrean
2.
Musie GEBREHIWET GEBREMEDHIN
2001
Eritrean
3.
Berihu GEBREHIWET GEBREMEDHIN
2003
Eritrean
Full & Egal Universal Law Academy