Published on 27 September 2021

FIFTH SECTION

Application no. 46504/18 M.D. against North Macedonia lodged on 25 September 2018 communicated on 9 September 2021

SUBJECT MATTER OF THE CASE

The applicant, a Roma who fled Kosovo [1] in 1999, had been granted refugee status at the time, and since then apparently lives in the respondent State together with her cohabitating partner and her children. By a decision of 23 February 2016 issued by the Ministry of the Interior (“MOI”), her refugee status was lifted and she was ordered to leave the respondent State on the grounds of national security. Her attempts to challenge the expulsion order proved unsuccessful at two instances of administrative courts. In a final judgment of 2 March 2018, served on the applicant on 26 April 2018, the Higher Administrative Court upheld the MOI’s decision and found that the expulsion order was based on a classified written note from the national intelligence service which indicated that she had not been found at her registered address and that therefore she represented a threat to the national security.

QUESTION TO THE PARTIES

Did the decision to expel the applicant – an alien who was lawfully resident in the territory of the respondent State – comply with the procedural requirements of Article 1 of Protocol No. 7? (see Muhammad and Muhammad v. Romania [GC], no. 80982/12, §§ 119-120, 15 October 2020 and Ljatifi v. the former Yugoslav Republic of Macedonia , no. 19017/16, § 35, 17 May 2018)

[1] All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.