Application No. 18100/91
by S.C.
against Austria
The European Commission of Human Rights sitting in private on
9 December 1991, the following members being present:
MM.C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
SirBasil HALL
MM.F. MARTINEZ
C.L. ROZAKIS
Mrs.J. LIDDY
MM.L. LOUCAIDES
J.-C. GEUS
A.V. ALMEIDA RIBEIRO
M.P. PELLONPÄÄ
B. MARXER
Mr.H.C. KRÜGER, Secretary to the Commission,
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 5 April 1991 by
S.C. against Austria and registered on 19 April 1991 under file No.
18100/91;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The facts as submitted by the parties may be summarised as
follows.
The applicant is a Sri Lankan citizen of Tamil origin, who was
born in 1955. Currently he resides at Eisenkappel/Carinthia. Before
the Commission he is represented by Mr. H. Jalovetz, a lawyer
practising at Villach.
At the end of February 1991 he left Sri Lanka, as he feared
persecution, by boat and directly travelled to Yugoslavia. Later, on
26 March 1991, he entered Austria illegally where he applied for asylum
on the grounds that in 1988 he had been arrested in Sri Lanka without
any reason, and in 1989 his farm had been occupied by the army,
obliging him to leave his house.
On 8 April 1991 the Carinthian Security Directorate
(Sicherheitsdirektion) granted a provisional residence permit to the
applicant.
By letter of 4 September 1991 the applicant's lawyer informed the
Commission that the applicant had been granted an indefinite residence
permit.
COMPLAINTS
The applicant complained under Article 3 of the Convention that
he would be subjected to inhuman or degrading treatment if he were
returned to Sri Lanka. He feared that he immediately would be expelled
to Yugoslavia or Turkey and from there to Sri Lanka.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 5 April 1991 and registered on
19 April 1991.
On 19 April 1991 the Commission decided not to give an indication
under Rule 36 of its Rules of Procedure. The Commission further
decided to communicate the application with a request for information
to the respondent Government according to Rule 48 para. 2 (a) of the
Rules of Procedure.
The Government submitted their information on 13 May 1991, and
the applicant replied on 27 May 1991.
By letter of 4 September 1991 the applicant's lawyer informed the
Commission that the applicant withdrew his application as he had
received a residence permit in the meantime.
Reasons for the decision
The Commission notes that the applicant has withdrawn his
application. It therefore concludes that the applicant does not intend
to pursue his petition within the meaning of Article 30, para. 1 (a)
of the Convention. Moreover, the Commission finds that no special
circumstances affecting the respect for Human Rights as defined in the
Convention require the further examination of the application under
Article 30 para. 1 in fine of the Convention.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)
Full & Egal Universal Law Academy