Z.H. v. the Netherlands

FOURTH SECTION

Application no. 45582/18 Z.H. against the Netherlands

The European Court of Human Rights (Fourth Section), sitting on 30 January 2020 as a Committee composed of:

Stéphanie Mourou-Vikström, President, Georges Ravarani, Jolien Schukking, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 18 September 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant is an Afghan national who was born in 1987. She was represented by Mr C.T.W. van Dijk, a lawyer practising in Utrecht.

The applicant complained under Article 3 that if expelled to Kabul, Afghanistan, she would be ill ‑ treated for being a westernised woman and for her work for a foreign non ‑ governmental organisation. Her complaint was communicated to the Dutch Government (“the Government”).

The Government informed the Court that on 19 November 2019 they had granted the applicant a residence permit on the grounds of asylum valid five years from 30 October 2019. On this basis, the Government requested the Court to strike the case out of its list of cases.

On 4 December 2019 the applicant informed the Court that she wished to pursue her application as the residence permit had been granted only from 30 October 2019, and not from 13 January 2017 when she had originally claimed asylum.

THE LAW

The Court notes that the applicant has been granted a residence permit on the grounds of asylum and no longer risks being removed to Afghanistan. For these reasons, 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 (see M.E. v. Sweden (striking out) [GC], no. 71398/12, §§ 32–38, 8 April 2015).

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 20 February 2020.

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President