The author of the communication is T. H., a national of Belarus born on 7 August 1985. She submits the communication on behalf of her daughter, E. L., a national of Belarus born on 11 March 2013. The author argues that, by expelling E. L. to Belarus, the State party would be violating her rights under articles 3, 16 and 37 of the Convention. She is represented by counsel. The Optional Protocol entered into force for the State party on 24 July 2017.
On 15 January 2010, E. L.’s father, A. L., entered Switzerland and obtained a residence permit to protect cantonal tax interests. The author and E. L., who was born in Switzerland, have also obtained residence permits. On 23 November 2018, the Cantonal Office for Migration refused to renew the residence permits of the family members and ordered them to leave Switzerland, as A. L. had been given a long-term prison sentence in the Russian Federation. On 17 January 2019, the family applied for a residence permit for reasons of serious personal difficulties. The Cantonal Office for Migration forwarded the application to the Department of Justice and Security of the Canton of Lucerne for consideration as part of the appeal against the initial decision of the Cantonal Office for Migration. On 29 January 2019, the Canton of Lucerne rejected A. L.’s appeal. On 30 October 2019, the Lucerne Cantonal Court upheld the family’s appeal insofar as it concerned the authorities’ failure to examine their applications for a residence permit. On 10 December 2020, the Cantonal Office for Migration rejected the applications, finding that, as a child, E. L. could easily integrate in Belarus, that she had family there, that she knew Russian and that the family had visited the country. On 10 August 2021, the canton of Lucerne confirmed the decision. On 14 October 2022, the Lucerne Cantonal Court upheld the canton’s decision. On 25 November 2022, the Federal Court dismissed the family’s appeal. On 21 December 2022, the European Court of Human Rights rejected a request for interim measures submitted by the family. On 28 December 2022, the family withdrew its application to the European Court of Human Rights.
On 11 January 2023, in accordance with article 6 of the Optional Protocol, the Committee, acting through its Working Group on Communications, registered the communication and requested the State party to submit its observations on the author’s request for interim measures. On 24 January 2023, the State party submitted its observations on the request. On 8 February 2023, the Committee decided not to request interim measures.
On 21 February 2023, the State party requested the Committee to discontinue its consideration of the communication, as the author had left Switzerland with E. L. and her brother on 11 February 2023. On 30 August 2023, the Committee secretariat forwarded the State party’s request to the author for comment. On 19 October 2023, the secretariat reminded the author to provide her comments. On 23 November 2023, at her request, the author was given an additional month to submit her comments. The author has not provided her comments.
Meeting on 26 January 2024, the Committee, having considered the State party’s request and noted the absence of comments from the author, decided to discontinue consideration of communication No. 210/2023, in accordance with article 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.