OMAROVA proti Nizozemsku

THIRD SECTION

DECISION

Application no. 60074/21
Shakhnoza OMAROVA

against the Netherlands

The European Court of Human Rights (Third Section), sitting on 24 November 2022 as a Committee composed of:

Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 7 December 2021,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Shakhnoza Omarova, who was born in 1988, is a Kyrgyz national, who is currently residing in the Netherlands. She was represented by Ms I.M. Hagg, a lawyer practising in Amsterdam.

The applicant complained that the refusal to allow her to reside with her husband in the Netherlands constitutes a violation of her right to respect for her family life as guaranteed by Article 8 of the Convention. The complaint was communicated to the Dutch Government (“the Government”).

Subsequently, on 12 September 2022 the Government informed the Court that the applicant had submitted a new request for international protection, to which the Government would apply Article 8 of the Convention ex officio in their decision.

THE LAW

The Court notes that the applicant’s new asylum application, including her right to respect for family life under Article 8 of the Convention, will be re‑examined in line with the guarantees made by the Government. In these circumstances, the Court considers that it is no longer justified to examine the application (Article 37 § 1 (c) of the Convention). Furthermore, the Court finds no special circumstances relating to respect for human rights as defined in the Convention and the Protocols thereto which requires it to continue the examination of the application, under Article 37 § 1 in fine. In reaching this conclusion, the Court has taken into account its competence under Article 37 § 2 of the Convention to restore the application to its list of cases if it considers that the circumstances justify such a course.

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 15 December 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President