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SHAMKHATOV v. SWEDEN

Doc ref: 32825/18 • ECHR ID: 001-210514

Document date: May 18, 2021

  • Inbound citations: 1
  • Cited paragraphs: 0
  • Outbound citations: 0

SHAMKHATOV v. SWEDEN

Doc ref: 32825/18 • ECHR ID: 001-210514

Document date: May 18, 2021

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 32825/18 Saidbek SHAMKHATOV against Sweden

The European Court of Human Rights (First Section), sitting on 18 May 2021, as a Committee composed of:

Krzysztof Wojtyczek, President, Erik Wennerström , Ioannis Ktistakis , judges, and Liv Tigerstedt, Deputy Section Registrar ,

Having regard to the above application lodged on 4 July 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Mr Saidbek Shamkhatov , is a Kazakhstani national, who was born in 2005 and lives in Malmköping . He was represented before the Court by Mr R. Nyström , 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 under Article 8 of the Convention that his deportation to Kazakhstan would violate his right to respect for his private and family life since he was well integrated into the Swedish society. He had spent most of his life in Sweden and was leading a family life with his foster family in Sweden who had adopted him.

4 . After the Government had been given notice of the application, they informed the Court on 16 February 2021 that the applicant had been granted a residence permit until 21 February 2022 and that it could be extended even beyond that point in time. Consequently, the Government requested that the application should be struck out of the Court ’ s list of cases since the matter had been resolved within the meaning of Article 37 § 1 (b) of the Convention.

5 . The applicant did not comment on the Government ’ s request to strike the application out.

THE LAW

The Court observes that the applicant has been granted a temporary residence permit in Sweden until 21 February 2022 and that, thus, he does not face a deportation to Kazakhstan for the foreseeable future. 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 .

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 10 June 2021 .

             {signature_p_2}

Liv Tigerstedt Krzysztof Wojtyczek Deputy Registrar President

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