OMAR MOHAMUD v. THE NETHERLANDS
Doc ref: 42922/18 • ECHR ID: 001-199280
Document date: November 14, 2019
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F OURTH SECTION
DECISION
Application no. 42922/18 Farhiyo OMAR MOHAMUD against the Netherlands
The European Court of Human Rights (Fourth Section), sitting on 14 November 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 25 August 2018,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Farhiyo Omar Mohamud, is a Somali national, who was born in 1985 and lives in Bunnik, the Netherlands. She was represented before the Court by Mr J.M. Walther, a lawyer practising in Utrecht.
The applicant ’ s complaint under Article 8 of the Convention concerning the refusal to grant her two minor children admission to the Netherlands for the purpose of family reunification with her was communicated to the Dutch Government (“the Government”) .
After the Government had been given notice of the application, they informed the Court that on 21 August 2019 they had granted the applicant ’ s children a provisional residence visa (machtiging tot voorlopig verblijf ). After their arrival in the Netherlands, the applicant ’ s children will be granted a residence permit, valid for five years. On this basis, the Government requested the Court to strike the case out of the list of pending cases.
On 30 September 2019 the applicant informed the Court that she wanted to withdraw her application as her children had been granted the provisional residence visa.
THE LAW
In view 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 the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine .
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 5 December 2019 .
Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President
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