Committee on the Rights of the Child

Views adopted by the Committee under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, concerning communication No. 47/2017 * , **

Communication submitted by:J.G.

Alleged victim:The author

State party:Switzerland

Date of communication:15 June 2018

Subject matter:Deportation of a child with disabilities to Angola

1.The author of the communication is J.G., a national of Angola, born in 2004. He has been diagnosed with a pervasive developmental disorder requiring specialized treatment and schooling. At the time of his arrival in the State party, the Geneva Adult and Child Protection Court requested that the author be assigned a guardian and be admitted to a psychiatric centre. The author’s asylum application was denied in April 2018 by the State Secretariat for Migration, without consideration of the merits. In May 2018, the Federal Administrative Court upheld the decision on appeal. The author submits that his return to Angola would breach his rights under articles 2 (2), 3, 6, 12, 23 to 27 and 37 of the Convention.

2.On 19 June 2018, the Committee, acting through its working group on communications, decided to register the communication and to request the State party to refrain from deporting the author to Angola while his communication was pending before the Committee.

3.On 31 October 2018, the State party informed the Committee that, following an application for review filed by the author on 15 October 2018, the State Secretariat for Migration had decided to reopen the case. This information was corroborated by the author. Accordingly, the procedure before the Committee was suspended. On 30 January 2019, the State party informed the Committee that, in a decision of 4 December 2018, the State Secretariat for Migration re-examined the author’s specific case and granted him a residency permit in Switzerland; therefore, he was no longer at risk of deportation to Angola. The State party requested that the communication be discontinued. The author has not opposed this request.

4.At a meeting on 31 May 2019, the Committee, having considered the author’s request, decided to discontinue the consideration of communication No. 47/2018 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.