The authors of the communication are Sh.N., A.A.N. and S.N., nationals of Pakistan born in 1982, 2003 and 2005, respectively. They are the mother and elder brothers of A.N. and M.I.N., nationals of Pakistan born in 2009 and 2015, on whose behalf the communication is submitted. The authors claims that A.N. and M.I.N., if returned to Pakistan, would be victims of a violation by Switzerland of their rights under articles 3, 6, 19, 23, 24, 27 and 37 of the Convention. The authors are represented by counsel. The Optional Protocol entered into force for the State Party on 24 July 2017.
In 2009, A.A.N. fled Pakistan because of attacks by the militant Islamist organization Sipah e Sahaba Pakistan. In March 2011, he applied for asylum in Switzerland, but his application was rejected in 2014. He then returned to his family, having been reassured of his safety. In 2015, however, he was forced to flee again. Meanwhile, Sh.N. and the children remained in Pakistan. A.N. had an undiagnosed condition that caused infantile paralysis and developmental delay and resulted in complete dependence on others. In December 2019, the authors and the children fled Pakistan after being subjected to attacks by Sipah e Sahaba Pakistan. On 7 July 2020, they arrived in Switzerland, where they applied for asylum. On 12 February 2021, the State Secretariat for Migration denied the application, finding their story implausible. On 16 March 2021, the Federal Administrative Court adopted interim measures allowing the authors and the children to remain in Switzerland pending their appeal. On 16 August 2021, the Court rejected their appeal. On 25 April 2022, the authors submitted a request for review and a medical certificate confirming that A.N. had been diagnosed with Sjögren-Larsson syndrome. On 11 November 2022, the State Secretariat for Migration rejected the request. On 28 December 2022, the Federal Administrative Court dismissed the appeal against that decision, as the authors’ counsel had missed the deadline. On 20 February 2023, the authors submitted a second request for review, which the State Secretariat for Migration dismissed on 6 April 2023. On 23 May 2023, the Federal Administrative Court rejected the authors’ appeal against that decision.
On 4 October 2023, in accordance with article 6 of the Optional Protocol, the Committee, acting through its Working Group on Communications, registered the communication and granted interim measures, requesting the State Party to suspend the expulsion of A.N., M.I.N. and Sh.N. to Pakistan while the case remained pending before the Committee.
On 5 June 2024, the State Party informed the Committee that the State Secretariat for Migration had annulled the contested decision with regard to A.N., M.I.N. and Sh.N. and that they were therefore no longer at risk of being returned to Pakistan. The State Party therefore requested that the Committee discontinue the consideration of the communication. On 19 July 2024, the authors objected to this request on the grounds that A.A.N. and S.N. remained at risk of expulsion.
On 10 September 2024, the Committee decided to discontinue the consideration of the communication except insofar as it related to complaints of violations of the Convention linked to the alleged separation of A.N. and M.I.N., on the one hand, and A.A.N. and S.N., on the other.
On 16 December 2024, the State Party informed the Committee that, by decision of 30 October 2024, the State Secretariat for Migration had granted A.A.N. and S.N. temporary admission. The State Party therefore invited the Committee discontinue its consideration of the communication. On 10 March 2025, the authors informed the Committee that they had no objection to that request.
At a meeting on 19 May 2025, the Committee, taking into account that the authors and the children had obtained residence permits and were therefore no longer at risk of being returned to Pakistan, considered that the case had become moot and decided to discontinue consideration of communication No. 236/2023, in accordance with rule 26 of its rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.