THIRD SECTION

DECISION

Application no . 11001/15 T.S . against the Netherlands

The European Court of Human Rights (Third Section), sitting on 22 November 2016 as a Committee composed of:

Branko Lubarda , President, Pere Pastor Vilanova , Georgios A. Serghides , judges,

and Fatoş Aracı, Deputy Section Registrar ,

Having regard to the above application lodged on 26 February 2015,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms T.S., is a Russian national, who was born in 1963 and lives in Almelo. The President decided not to disclose the applicant ’ s identity to the public (Rule 47 § 4). She was represented before the Court by Ms M.H. van der Linden, a lawyer practising in Almelo.

The Dutch Government (“the Government”) were represented by their Deputy Agent, Ms K. Adhin , of the Ministry of Foreign Affairs.

The applicant, whose request for asylum in the Netherlands, lodged in 2012, was rejected, complained that there were substantial grounds for believing that she would be subjected to treatment in breach of Article 3 of the Convention if she were expelled to the Russian Federation.

After the Government had been given notice of the application, they informed the Court that it had been decided to grant the applicant a residence permit for the purpose of asylum on 25 July 2016, which permit was valid from 4 November 2015 until 4 November 2020.

The applicant ’ s representative failed to reply to a request to inform the Court whether, in the present circumstances, her client nevertheless wished to maintain her application.

THE LAW

The Court notes that the applicant has been granted a residence permit in the Netherlands. In these circumstances, the matter may be considered as having been resolved within the meaning of Article 37 § 1 (b) of the Convention. The Court further deduces from the failure of the applicant ’ s representative to inform the Court whether her client wishes to maintain her applicant that the latter does not wish to pursue it within the meaning of Article 37 § 1 (a) of the Convention. In accordance with Article 37 § 1 in fine , the Court further finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.

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 15 December 2016 .

FatoÅŸ Aracı Branko Lubarda              Deputy Registrar President