FIRST SECTION
DECISION
Application no. 36849/11
Ilyas Ahmed MOHAMED
against Denmark
The European Court of Human Rights (First Section), sitting on 16 October 2012 as a Committee composed of:
Elisabeth Steiner, President,
Peer Lorenzen,
Julia Laffranque, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 10 June 2011,
Having regard to the comments submitted by the Danish Government and the applicant,
Having deliberated, decides as follows:
FACTS
The applicant, Ilyas Ahmed Mohamed, is a Somali national who was born in 1988 and lives at an asylum centre in Denmark. He is represented before the Court by Ms Maria Guzman, a lawyer practising in Askim, Sweden.
The Danish Government (“the Government”) is represented by their Agent, Mr Thomas Winkler, of the Ministry for Foreign Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant entered Denmark on 21 December 2008 without any identity papers and requested asylum. He was born in Wanlaweyn, situated in the southern part of Somalia, approximately 90 km from Mogadishu. From 2002 he lived in Mogadishu.
On 6 November 2009 the Immigration Service (Udlændingeservice) refused his application.
On 6 January 2010, the decision was upheld on appeal by the Refugee Appeals Board (Flygtningenævnet).
Both instances found that the general situation in Somalia could not in itself justify the granting of asylum, and that the applicant had failed to substantiate being at a real and personal risk upon return.
By letter of 15 July 2011, the Danish Government informed the Court that the Refugee Appeals Board had decided to postpone the time limit for departure in cases involving rejected Somali asylum seekers who face expulsion.
On 21 February 2012 the Immigration Service granted the applicant a residence permit in Denmark as a refugee.
COMPLAINT
The applicant complained that an implementation of the deportation order to return him to Somalia would be in violation of Article 3 of the Convention.
THE LAW
On 16 April 2012 the Government informed the Court of the Immigration Service’s decision of 21 February 2012 and invited the Court to strike out the application. By letter of 26 April 2012, the Court invited the applicant to submit comments in this respect by 16 May 2012. The applicant did not reply.
The Court notes that the applicant has been granted a residence permit in Denmark and that he thus no longer faces a deportation to Somalia. In these circumstances, and having regard to Article 37 § 1 (a) and (b) of the Convention, the Court is of the opinion that it is no longer justified to continue the examination of the application. 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.
Decides to strike the application out of its list of cases.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Full & Egal Universal Law Academy