Gebrehiwet Gebremedhin and Others v. the Netherlands

THIRD SECTION

Application no. 34425/22 Fesseha GEBREHIWET GEBREMEDHIN and Others against the Netherlands

(see appended table)

The European Court of Human Rights (Third Section), sitting on 23 November 2023 as a Committee composed of:

Darian Pavli , President , Ioannis Ktistakis, Oddný Mjöll Arnardóttir , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 8 July 2022,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants are Fesseha Gebrehiwet Gebremedhin, Musie Gebrehiwet Gebremedhin and Berihu Gebrehiwet Gebremedhin. They were represented by Ms M.L. van Riel, a lawyer practising in Alkmaar.

The applicants’ complaints under Article 8 of the Convention concerning the dismissal of family reunification requests for Musie and Berihu Gebrehiwet Gebremedhin to join their brother, Fesseha Gebrehiwet Gebremedhin, were communicated to the Dutch Government (“the Government”).

On 16 August 2023 the Government informed the Court that the dismissal had been revoked and that family reunification between the three brothers would be granted. For that reason, the Government requested the Court to strike out the case. The applicants’ representative responded on 5 September 2023 that she agreed that the application should be struck out from the Court’s list of cases.

THE LAW

In view 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 the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine .

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 14 December 2023.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 8 of the Convention

(Family life)

No.

Applicant’s Name

Year of birth

Nationality

1.

Fesseha GEBREHIWET GEBREMEDHIN

1999

Eritrean

2.

Musie GEBREHIWET GEBREMEDHIN

2001

Eritrean

3.

Berihu GEBREHIWET GEBREMEDHIN

2003

Eritrean