FOURTH SECTION
DECISION
Application no. 61203/19
Marwa RESTHTIN
against Denmark
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 29 June 2023 as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 November 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr Tyge Trier, a lawyer practising in Copenhagen.
The applicant’s complaint under Article 8 of the Convention concerning an order expelling her from Denmark was communicated to the Danish Government (“the Government”).
Subsequently, the parties informed the Court that on 19 April 2022 the applicant, an Afghan national, having changed her name, had been granted asylum in Denmark under section 7(1) of the Aliens Act, so far until 19 April 2024.
The Court notes that if the applicant’s asylum status is revoked, or not prolonged on 19 April 2024 or thereafter, she may appeal against such a decision before the Aliens Appeal Board (Flygtningenævnet). Moreover, if an appeal turns out to be unsuccessful, the applicant may challenge the expulsion order before the courts under section 50 of the Aliens Act.
THE LAW
In view of the above, the Court considers that the applicant is not at the moment, and for a considerable time to come, at risk of being expelled. Moreover, the applicant can challenge any future removal before the domestic authorities, and if necessary, before the Court. In these circumstances, the Court finds that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) of the Convention (see, among others, Khan v. Germany (striking out) [GC], no. 38030/12, § 34, 21 September 2016, with further references, and A.J. v. Greece (dec.), no. 34298/18, § 51, 26 April 2022), 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.
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 20 July 2023.
Viktoriya Maradudina Tim Eicke
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 8 of the Convention
(Expulsion)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
61203/19
25/11/2019
Marwa RESTHTIN
(Now Mira Marwah Sabran)
1996
Trier Tyge
Copenhagen