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 2

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