CCPR/C/118/D/2299/2013
1.2
On 12 May 2016, pursuant to rule 92 of the Committee’s rules of procedure, the
Committee, acting through its Special Rapporteur on new communications and interim
measures, decided not to grant the author’s request for interim measures concerning the
continuation of a monthly benefit of €450 (see para. 7.2 below).
Factual background
2.1
The author arrived in the Netherlands in 2004. In 2006, he was diagnosed with
tuberculosis and HIV. The Central Agency for the Reception of Asylum Seekers
accommodated him in a centre for asylum seekers and provided him with assistance.
2.2
In 2007, the author received a temporary residence permit, valid for one year, on
medical emergency grounds. Since 6 November 2007, in accordance with the Work and
Social Assistance Act, the Municipality of Amsterdam has paid the author a monthly
allowance of €748.90, the amount given to a single person. After deduction of the medical
insurance premium of €146.77, he received €602.13. He also received medical treatment
and medicines. Late in 2007, he had to leave the place he rented. Since then, he has used
the post restante address that the Municipality provides for homeless people. His residence
permit was renewed in 2008 and 2009 on the same grounds.
Proceedings concerning the author’s applications for a residence permit
2.3
On 22 June 2010, the author applied for a regular residence permit for the purpose of
continued residence, within the meaning of section 14 of the Aliens Act of 2000. The
author submits that, on 1 February 2011, the ministry responsible for immigration and
asylum refused to renew his residence permit since he lacked a domicile. However, he only
picked up the letter communicating the refusal of the residence permit renewal from the
post restante address at the end of February 2011. By that date, the period within which he
could appeal had already expired.
2.4
On 28 March 2011, the author wrote to the ministry for immigration requesting to be
allowed to appeal the decision not to renew his residence permit and claiming that the
antiretroviral medication he needed was not available in Ghana. On 14 April 2011, the
ministry rejected the author’s request.
2.5
On 18 April 2011, the author submitted a second application for a temporary regular
residence permit for the purpose of continued residence, which was denied on 14 February
2012.
2.6
On 5 November 2012, the author filed an appeal to the Hague District Court against
the refusal concerning his second application for residence permit. He also submitted a stay
of removal, which was granted by the Court. On 6 June 2014, The Hague District Court,
sitting in Amsterdam, declared the author’s appeal against the denial to grant him a
residence permit manifestly unfounded since adequate medical treatment was available to
him in his country of origin. No appeal was lodged by the author against this judgment.
Therefore, the proceedings on the author’s request for a residence status came to an end.
Access to shelter, medical treatment and a monthly allowance
2.7
After the first application for a regular residence permit for the purpose of continued
residence was denied (see para. 2.3), on 23 March 2011 the Municipality informed the
author that since he lacked a residence permit his benefits would no longer be paid.
Nevertheless, the author kept receiving the antiretroviral therapy and the medication he
needed at the Academic Medical Centre, as well as €375 a month from the Municipality’s
Excluded Immigrants Fund. On 13 April 2011, the Municipality informed the author that
the payment of his benefits under the Work and Social Assistance Act, including his
medical insurance, had terminated on 1 February 2011 and that he was no longer entitled to
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