Muse Shire and Others v. the Netherlands

FOURTH SECTION

Application no. 9933/18 Mahamuud MUSE SHIRE and Others against the Netherlands

The European Court of Human Rights (Fourth Section), sitting on 12 December 2019 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 20 February 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants were represented by Ms M.L. van Riel, a lawyer practising in Alkmaar.

The applicants’ complaint under Article 8 of the Convention, concerning the denial to allow the third applicant to join her parents – the first two applicants – in the Netherlands, was communicated to the Dutch Government (“the Government”).

On 20 November 2019 the Government informed the Court that the third applicant had been granted a provisional residence visa ( machtiging tot voorlopig verblijf ) in order to join her parents. On 22 November 2019 the applicants informed the Registry that they wanted to withdraw the application to the Court.

THE LAW

In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the application.

Accordingly, the case 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 16 January 2020.

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 8 of the Convention

(family reunion)

Application no.

Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

9933/18

20/02/2018

(3 applicants)

Mahamuud MUSE SHIRE

01/07/1986

Maryan MAXMUD MAXMED

21/07/1989

Hamdi MOHAMUD MUSE

18/05/2013

van Riel Mirjam Leontien

Alkmaar