Refworld | Case of M.J. v. The Netherlands (Application no. 49259/18)

Title	Case of M.J. v. The Netherlands (Application no. 49259/18)
Publisher	Council of Europe: European Court of Human Rights
Publication Date	21 October 2021
Country	Afghanistan \| Netherlands
Topics	Human rights law \| Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) \| Refugee status determination (RSD) / Asylum procedures
Related Document(s)	Submission by the Office of the United Nations High Commissioner for Refugees in the case of M.J. v. the Netherlands (application no. 49259/18) before the European Court of Human Rights
Cite as	Case of M.J. v. The Netherlands (Application no. 49259/18), Council of Europe: European Court of Human Rights, 21 October 2021, available at: https://www.refworld.org/cases,ECHR,619e144e6.html [accessed 1 October 2022]
Comments	In view of the above, the Court notes that the risk of the applicant being expelled and, potentially, being exposed to a risk of treatment in breach of Article 3, has now, at least temporarily, been removed. Moreover, the Court finds that the complaints under Article 13 and on the procedural requirements of Article 3 in the present case are in essence inextricably connected to the proposed expulsion of the applicant (see Nasseri v the United Kingdom (dec.), no. 24239/09, § 18, 13 October 2015, and J.W. v. the Netherlands (dec.), no. 16177/14, § 32, 27 June 2017). In these circumstances, the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)). Moreover, it is satisfied that respect for human rights, as defined in the Convention and the Protocols thereto, does not require a continuation of the application by virtue of Article 37 § 1 in fine. Accordingly, the application should be struck out of the list.
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