THIRD SECTION
DECISION
Application no. 29381/11
Mimi Bongo MADIANI
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 12 September 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 6 May 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Mimi Bongo Madiani, is a national of the Democratic Republic of the Congo (“the DRC”), who was born in 1979 and lives in Hengelo. She was represented before the Court by Ms M. van der Linden, a lawyer practising in Almelo.
2. The Dutch Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, of the Ministry of Foreign Affairs.
3. The applicant complained under Article 8 of the Convention that she was not exempted from the obligation to hold a provisional residence visa issued by the Netherlands mission in the DRC before she could apply for a residence permit in the Netherlands.
4. After the Government had been given notice of the application, they informed the Court on 12 May 2017 that the applicant had been granted a residence permit, valid retroactively from 5 August 2013 until 5 August 2018.
5. On 8 June 2017 the applicant confirmed this information and informed the Court that, given this new development, she wanted to withdraw the application.
THE LAW
6. In the light 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 its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine.
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.
Done in English and notified in writing on 5 October 2017.
Fatoş AracıLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy