Lexploria

Application No. 22472/93

by Marine Aziz SAWMI

against Sweden

The European Commission of Human Rights sitting in private on

7 March 1996, the following members being present:

MM. S. TRECHSEL, President

C.L. ROZAKIS

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

Mrs. G.H. THUNE

Mr. F. MARTINEZ

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

I. BÉKÉS

E. KONSTANTINOV

D. SVÁBY

G. RESS

A. PERENIC

C. BÎRSAN

P. LORENZEN

K. HERNDL

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 20 June 1993 by

Marine Aziz Sawmi against Sweden and registered on 18 August 1993 under

file No. 22472/93;

Having regard to the reports provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having regard to the Commission's decision of 21 October 1993 to

request information from the respondent Government;

Having regard to the information provided by the respondent

Government on 20 December 1993;

Having regard to the further information provided by the

respondent Government on 26 September 1994;

Having regard to the Commission's decision of 10 October 1994 to

request certain further information from the respondent Government;

Having regard to the further information provided by the

respondent Government on 28 October 1994 and the applicant's comments

of 5 December 1994;

Having regard to the further information provided by the

respondent Government on 17 February 1995 and the applicant's comments

of 28 March 1995;

Having regard to the Commission's decision of 6 July 1995 to

request certain further information from the respondent Government;

Having regard to the further information provided by the

respondent Government on 14 December 1995;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a woman born in 1963 in Beirut, Lebanon, and

currently resident in Södertälje, Sweden. She is allegedly stateless.

Before the Commission she is represented by Mr Leif Rydberg, a lawyer

in Bergshamra.

The facts of the case, as submitted by the parties, may be

summarised as follows.

In December 1990 the applicant left Lebanon after her house was

destroyed by a bomb. She entered Sweden on 23 December 1990, allegedly

with a falsified passport, and immediately requested a residence

permit, referring to the fact that all her family (her parents and

eight siblings) had previously been granted residence permits in

Sweden. She also referred to the general situation in Lebanon.

Her request was rejected by the National Immigration Board

(statens invandrarverk) on 22 November 1991 and she was ordered to be

expelled to Lebanon in the absence of any other country shown to be

willing to receive her. The Board could not establish the applicant's

citizenship, but had regard to a certificate issued by the Syrian

Orthodox Church of Lebanon according to which she was engaged to a

Lebanese man. As this man was still resident in Lebanon, the

applicant's connection with Lebanon was considered stronger than her

connection with her family in Sweden.

The applicant's appeal to the Aliens' Board (utlänningsnämnden)

was rejected on 24 September 1992 for the same reasons and the

expulsion order acquired legal force.

The applicant's further requests for a residence permit were

rejected by the National Immigration Board on 20 October and

6 November 1992, 5 May, 16 and 28 June and 9 and 21 July 1993. No

appeal lay against these decisions. Meanwhile, her possible citizenship

was investigated.

In a decision of 19 April 1994 the National Immigration Board

rejected a request lodged by an allegedly stateless person facing a

possible return to Lebanon. On 14 October 1994 the Aliens Appeals Board

referred the consideration of the subsequent appeal to the Government

together with two fresh requests for residence permits. These requests

had been lodged by other allegedly stateless persons also facing a

possible return to Lebanon.

On 10 March 1995 the applicant's further request for a residence

permit was rejected by the Aliens Appeals Board.

In three decisions of 16 November 1995 the Government, for

humanitarian reasons, granted permanent residence permits to all three

allegedly stateless persons, whose cases had been referred by the

Aliens Appeals Board. In one case the Government noted that the person

lacked valid travel documents, and that the Lebanese authorities were

therefore not likely to receive her. In two further cases the

Government found that it had not been possible to establish the

persons' identities and nationalities, and that it had therefore to be

assumed that they had arrived in Sweden from Lebanon but that their

nationalities were unknown. Accordingly, no country other than Sweden

would agree to receive them. The Government also noted that the

expulsion orders had acquired legal force already in April and

October 1992, respectively and that the persons had not attempted to

evade enforcement.

COMPLAINT

The applicant complains about her possibly forthcoming expulsion

to Lebanon which she claims would show a lack of respect for her family

life. She submits that she would not be received by Lebanon, because

she has no Lebanese citizenship or other connection with that country.

Her former fiancé is now married. In addition, she is a Syrian-Orthodox

Christian, as the other members of her family who are all lawfully

resident in Sweden. Nor would she be received by Syria. She invokes no

express provision of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 20 June 1993 and registered on

18 August 1993.

On 21 October 1993 the Commission decided to request further

information from the respondent Government, pursuant to Rule 48

para. 2 (a) of the Rules of Procedure. This information was submitted

by the Government on 20 December 1993. Further information was

submitted by the Government on 26 September 1994.

On 10 October 1994 the Commission again decided to request

further information from the respondent Government. This information

was submitted by the Government on 28 October 1994. The applicant

submitted comments in reply on 5 December 1994. Further information was

submitted by the Government on 17 February 1995 and the applicant

replied thereto on 28 March 1995.

On 6 July 1995 the Commission again decided to request further

information from the respondent Government. This information was

submitted by the Government on 14 December 1995. The applicant

submitted comments in reply on 9 February 1996.

On 22 February 1996 the Secretary requested the applicant to

inform the Commission whether she had requested a residence permit in

Sweden by relying on the Government's above-mentioned decisions of

16 November 1995 and whether her possible request had been granted.

On 26 February 1996 the applicant's representative stated that

at the applicant's request he had "closed" the matter before the

Commission.

REASONS FOR THE DECISION

The applicant complained about her possibly forthcoming expulsion

to Lebanon.

The Commission observes that on 26 February 1996 the applicant's

representative stated that the matter had been "closed" at the

applicant's request. In these circumstances the Commission concludes

that the applicant does not wish to pursue her application pursuant to

Article 30 para. 1 (a) of the Convention. It furthermore finds no

special circumstances regarding respect for Human Rights, as defined

in the Convention, which would require a further examination of the

application.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (S. TRECHSEL)

Menu

SAWMI v. SWEDEN

SAWMI v. SWEDEN

LEXI