Application No. 15867/89
by Y.D.
against the United Kingdom
The European Commission of Human Rights sitting in private on
7 May 1990, the following members being present:
MM. C.A. NØRGAARD, President
S. TRECHSEL
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H. DANELIUS
G. BATLINER
J. CAMPINOS
H. VANDENBERGHE
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
Mr. L. LOUCAIDES
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 24 November
1989 by Y.D. against the United Kingdom and registered on
8 December 1989 under file No. 15867/89;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of Ghana resident in Leicester,
England. He is represented before the Commission by Vereena Jones of
the Leicester Rights Centre.
He complained to the Commission about a deportation order made
against him after his marriage to a British citizen broke down. He
claimed that if he were deported his close relationship with his two
children of the marriage would be damaged, contrary to Article 8 of
the Convention. He also invoked Article 6 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 24 November 1989 and
registered on 8 December 1989. In the letter of introduction the
applicant's representatives requested the Commission to indicate to
the respondent Government that a stay of the applicant's deportation
would be a desirable measure in the interests of the parties or the
proper conduct of the Commission's proceedings, pursuant to Rule 36
of the Rules of Procedure. However, the Commission decided on
15 December 1989 not to make such an indication in the light of the
circumstances of the case. In the meantime the applicant was invited
to submit a fuller application.
On 21 March 1990 the applicant's representatives informed the
Commission that the respondent Government had decided to allow the
applicant to remain in the United Kingdom and that it was, therefore,
no longer proposed to pursue an application to the Commission on his
behalf.
REASONS FOR THE DECISION
The Commission notes that the applicant has now been allowed
to remain in the United Kingdom where he can enjoy regular access to
his children and that the applicant wishes to withdraw his application
to the Commission. It concludes, therefore, that the applicant does
not intend to pursue further his petition, the factual basis of which
has been resolved, within the meaning of Article 30 para. 1 (a) and
(b) of the Convention. Moreover, the Commission finds no reasons of a
general character affecting respect for Human Rights, as defined in
the Convention, which require the further examination of the case by
virtue of Article 30 para. 1 in fine of the Convention.
For these reasons, the Commission
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)
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