Application No. 22472/93
by Marine Aziz SAWMI
against Sweden
The European Commission of Human Rights sitting in private on
7 March 1996, the following members being present:
MM. S. TRECHSEL, President
C.L. ROZAKIS
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
Mrs. G.H. THUNE
Mr. F. MARTINEZ
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
M.A. NOWICKI
I. CABRAL BARRETO
I. BÉKÉS
E. KONSTANTINOV
D. SVÁBY
G. RESS
A. PERENIC
C. BÎRSAN
P. LORENZEN
K. HERNDL
Mr. H.C. KRÜGER, Secretary to the Commission
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 20 June 1993 by
Marine Aziz Sawmi against Sweden and registered on 18 August 1993 under
file No. 22472/93;
Having regard to the reports provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having regard to the Commission's decision of 21 October 1993 to
request information from the respondent Government;
Having regard to the information provided by the respondent
Government on 20 December 1993;
Having regard to the further information provided by the
respondent Government on 26 September 1994;
Having regard to the Commission's decision of 10 October 1994 to
request certain further information from the respondent Government;
Having regard to the further information provided by the
respondent Government on 28 October 1994 and the applicant's comments
of 5 December 1994;
Having regard to the further information provided by the
respondent Government on 17 February 1995 and the applicant's comments
of 28 March 1995;
Having regard to the Commission's decision of 6 July 1995 to
request certain further information from the respondent Government;
Having regard to the further information provided by the
respondent Government on 14 December 1995;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a woman born in 1963 in Beirut, Lebanon, and
currently resident in Södertälje, Sweden. She is allegedly stateless.
Before the Commission she is represented by Mr Leif Rydberg, a lawyer
in Bergshamra.
The facts of the case, as submitted by the parties, may be
summarised as follows.
In December 1990 the applicant left Lebanon after her house was
destroyed by a bomb. She entered Sweden on 23 December 1990, allegedly
with a falsified passport, and immediately requested a residence
permit, referring to the fact that all her family (her parents and
eight siblings) had previously been granted residence permits in
Sweden. She also referred to the general situation in Lebanon.
Her request was rejected by the National Immigration Board
(statens invandrarverk) on 22 November 1991 and she was ordered to be
expelled to Lebanon in the absence of any other country shown to be
willing to receive her. The Board could not establish the applicant's
citizenship, but had regard to a certificate issued by the Syrian
Orthodox Church of Lebanon according to which she was engaged to a
Lebanese man. As this man was still resident in Lebanon, the
applicant's connection with Lebanon was considered stronger than her
connection with her family in Sweden.
The applicant's appeal to the Aliens' Board (utlänningsnämnden)
was rejected on 24 September 1992 for the same reasons and the
expulsion order acquired legal force.
The applicant's further requests for a residence permit were
rejected by the National Immigration Board on 20 October and
6 November 1992, 5 May, 16 and 28 June and 9 and 21 July 1993. No
appeal lay against these decisions. Meanwhile, her possible citizenship
was investigated.
In a decision of 19 April 1994 the National Immigration Board
rejected a request lodged by an allegedly stateless person facing a
possible return to Lebanon. On 14 October 1994 the Aliens Appeals Board
referred the consideration of the subsequent appeal to the Government
together with two fresh requests for residence permits. These requests
had been lodged by other allegedly stateless persons also facing a
possible return to Lebanon.
On 10 March 1995 the applicant's further request for a residence
permit was rejected by the Aliens Appeals Board.
In three decisions of 16 November 1995 the Government, for
humanitarian reasons, granted permanent residence permits to all three
allegedly stateless persons, whose cases had been referred by the
Aliens Appeals Board. In one case the Government noted that the person
lacked valid travel documents, and that the Lebanese authorities were
therefore not likely to receive her. In two further cases the
Government found that it had not been possible to establish the
persons' identities and nationalities, and that it had therefore to be
assumed that they had arrived in Sweden from Lebanon but that their
nationalities were unknown. Accordingly, no country other than Sweden
would agree to receive them. The Government also noted that the
expulsion orders had acquired legal force already in April and
October 1992, respectively and that the persons had not attempted to
evade enforcement.
COMPLAINT
The applicant complains about her possibly forthcoming expulsion
to Lebanon which she claims would show a lack of respect for her family
life. She submits that she would not be received by Lebanon, because
she has no Lebanese citizenship or other connection with that country.
Her former fiancé is now married. In addition, she is a Syrian-Orthodox
Christian, as the other members of her family who are all lawfully
resident in Sweden. Nor would she be received by Syria. She invokes no
express provision of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 20 June 1993 and registered on
18 August 1993.
On 21 October 1993 the Commission decided to request further
information from the respondent Government, pursuant to Rule 48
para. 2 (a) of the Rules of Procedure. This information was submitted
by the Government on 20 December 1993. Further information was
submitted by the Government on 26 September 1994.
On 10 October 1994 the Commission again decided to request
further information from the respondent Government. This information
was submitted by the Government on 28 October 1994. The applicant
submitted comments in reply on 5 December 1994. Further information was
submitted by the Government on 17 February 1995 and the applicant
replied thereto on 28 March 1995.
On 6 July 1995 the Commission again decided to request further
information from the respondent Government. This information was
submitted by the Government on 14 December 1995. The applicant
submitted comments in reply on 9 February 1996.
On 22 February 1996 the Secretary requested the applicant to
inform the Commission whether she had requested a residence permit in
Sweden by relying on the Government's above-mentioned decisions of
16 November 1995 and whether her possible request had been granted.
On 26 February 1996 the applicant's representative stated that
at the applicant's request he had "closed" the matter before the
Commission.
REASONS FOR THE DECISION
The applicant complained about her possibly forthcoming expulsion
to Lebanon.
The Commission observes that on 26 February 1996 the applicant's
representative stated that the matter had been "closed" at the
applicant's request. In these circumstances the Commission concludes
that the applicant does not wish to pursue her application pursuant to
Article 30 para. 1 (a) of the Convention. It furthermore finds no
special circumstances regarding respect for Human Rights, as defined
in the Convention, which would require a further examination of the
application.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (S. TRECHSEL)
Full & Egal Universal Law Academy