Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 3 września 2019 r.
27155/18

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0903DEC002715518

FIRST SECTION

DECISION

Application no. 27155/18

A.-G.

against Finland

The European Court of Human Rights (First Section), sitting on 3 September 2019 as a Committee composed of:

Krzysztof Wojtyczek, President,

Pere Pastor Vilanova,

Pauliine Koskelo, judges,

and Renata Degener, Deputy Section Registrar,

Having regard to the above application lodged on 11 June 2018,

Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court and the fact that this interim measure has been complied with,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

1. The applicant, Mr A.-G., is an Iraqi national who was born in 1971. The President granted the applicant's request for his identity not to be disclosed to the public (Rule 47 § 4). He was represented before the Court by Ms M. Laine, a lawyer practising in Helsinki.

2. The Finnish Government ("the Government") were represented by their Agent, Ms K. Oinonen, from the Ministry for Foreign Affairs.

3. The applicant complained under Articles 2 and 3 of the Convention that his removal to Iraq would put him at real risk of ill-treatment and/or loss of life upon return.

4. After the Government had been given notice of the application, on 19 December 2018, the Supreme Administrative Court (korkein hallinto-oikeus, högsta förvaltningsdomstolen) quashed the earlier negative decision on a residence permit and referred the case back to the Immigration Service (Maahanmuuttovirasto, Migrationsverket) for issuing a residence permit. On 15 February 2019 the Immigration Service granted the applicant a continuous residence permit on the basis of subsidiary protection for a period of four years. Consequently, the Government suggested that the circumstances allowed the Court to reach the conclusion that the matter had been resolved, thereby justifying the discontinuation of the examination of the application. The Government invited the Court to strike the application out of its list of cases and to lift the interim measure indicated on 12 June 2018.

5. The applicant accepted that the case had been settled and that the interim measure indicated on 12 June 2018 be lifted.

Uzasadnienie prawne

THE LAW

6. The Court notes that on 15 February 2019 the applicant was granted a continuous residence permit valid for a period of four years. He is thus no longer subject to an expulsion order. Moreover, the Court observes that the applicant has not put forward any arguments which could be construed as indicating his dissatisfaction that all issues giving rise to his application have not been adequately addressed by the domestic authorities. There is no risk of any imminent refoulement as the applicant has been granted a continuous residence permit in Finland.

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

8. Accordingly, it is appropriate to lift the interim measure indicated under Rule 39 of the Rules of Court and to strike the case out of the list of cases.

Sentencja

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 26 September 2019.

Renata Degener

Krzysztof Wojtyczek

Deputy Registrar

President