M.E. v. Sweden (striking out) [GC] - 71398/12 - Legal Summary [2015] ECHR 638 (08 April 2015)

M.E. v. Sweden (striking out) [GC] - 71398/12 - Legal Summary [2015] ECHR 638 (08 April 2015)

The grant of a permanent residence permit to the applicant resolved the risk of ill-treatment under Article 3, and there were no special circumstances requiring continued examination; thus, the case was struck out under Article 37 § 1(b).

Citation
[2015] ECHR 638
Parties
Applicant: M. E.; Respondent: Sweden
Jurisdiction
European Union
Judgment Date
08 April 2015
Procedural Posture
Application to the European Court of Human Rights / Grand Chamber, Striking Out After Grant of Residence Permit
Outcome
Application struck out (unanimously)
Legal Topics
Expulsion, Asylum, Sexual Orientation, Article 3 ECHR, Article 37 ECHR
Human Rights Law Immigration Law Expulsion Asylum Sexual Orientation Article 3 ECHR Article 37 ECHR

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Parties

M. E.

Applicant

Sweden

Respondent

Procedural Posture

Application to the European Court of Human Rights / Grand Chamber, Striking Out After Grant of Residence Permit

Legal Issues

  1. 1 Whether the expulsion of a homosexual man to Libya would violate Article 3 of the Convention
  2. 2 Whether the case should be struck out following the grant of a permanent residence permit

Ratio Decidendi

The grant of a permanent residence permit to the applicant resolved the risk of ill-treatment under Article 3, and there were no special circumstances requiring continued examination; thus, the case was struck out under Article 37 § 1(b).

Court Disposition

Application struck out (unanimously)