THIRD SECTION

DECISION

Application no. 29018/18 H.A . against Sweden

The European Court of Human Rights (Third Section), sitting on 22 September 2020 as a Chamber composed of:

Paul Lemmens, President, Georgios A. Serghides, Helen Keller, Alena Poláčková , María Elósegui , Gilberto Felici, Erik Wennerström , judges, and Olga Chernishova , Deputy Section Registrar ,

Having regard to the above application lodged on 14 June 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Mr H.A., is a Libyan national, who was born in 1959 and lives in Uppsala. 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 Mr B. Johansson, a lawyer practising in Stockholm.

2 . The Swedish Government (“the Government”) were represented by their Agent, Ms H. Lindquist, of the Ministry for Foreign Affairs.

3 . The applicant complained that his deportation to Libya would expose him to a real risk of being subjected to treatment prohibited by Articles 2 and 3 of the Convention, on account of the individual risks he would face upon return and because of the general situation in Libya. He also complained about the lack of an effective remedy under Article 13 of the Convention.

4 . On 29 June 2018 the Duty Judge decided to apply Rule 39 of the Rules of Court until 30 September 2018, requesting factual information from the parties and indicating that the applicant should not be expelled to Libya. On 27 September 2018, after receipt of the information requested, the Duty Judge extended the application of Rule 39 for the duration of the proceedings before the Court. On the same day, the Court decided to give notice to the Government of the applicant ’ s complaint s under Articles 2 and 3 of the Convention.

5 . After the parties had submitted their observations on the admissibility and merits of the case, the Court was informed that the deportation order against the applicant had become statute ‑ barred on 15 July 2020 and, consequently, that the applicant was no longer at risk of being expelled from Sweden and would be granted a full examination on the merits of his case upon submitting a new application for asylum.

6 . By letter dated 26 August 2020 the applicant ’ s representative informed the Court that the applicant had submitted a new application for asylum and that he would have access to a counsel. However, he wished to maintain his application before the Court as the result of the future proceedings was unclear. He wished in particular that his complaint under Article 13 be examined by the Court.

THE LAW

7 . The Court notes that the applicant no longer risks deportation from Sweden. His new application for asylum and a residence permit in Sweden will receive a full ordinary examination on the merits by the Migration Agency ( Migrationsverket ). If the Agency ’ s decision is negative for the applicant, he may appeal against it to the Migration Court ( Migrationsdomstolen ) and the Migration Court of Appeal ( Migrationsöverdomstolen ). Since such appeals generally have suspensive effect, the applicant will not be deported while the proceedings are pending. The Court further observes that, should the applicant ’ s request for asylum in Sweden be rejected by all domestic instances, he may lodge a new application with the Court.

8 . In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (c) of the Convention, considers that it is no longer justified to continue the examination of the application.

In view of the above, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court.

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 October 2020 .

Olga Chernishova Paul Lemmens              Deputy Section Registrar President