Application No. 12492/86
by H.
against the United Kingdom
The European Commission of Human Rights sitting in private on
11 October 1988, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
F. ERMACORA
G. SPERDUTI
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
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. 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 9 October 1986
by H. against the United Kingdom and registered on 14 October 1986
under file No. 12492/86;
Having regard to:
- reports provided for in Rule 40 of the Rules of Procedure of
the Commission;
- ii -
- the Commission's decision of 13 July 1987 to bring the
application to the notice of the respondent Government
and invite them to submit written observations on its
admissibility and merits;
- the information provided by the Government on 3 November
1987 and 29 July 1988;
- the information provided by the applicant's representatives
on 9 August 1988;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of Iran born in 1958 and residing
in Liverpool. He is represented before the Commission by Messrs. A.D.
Abrahamson & Co., Solicitors, Liverpool.
British immigration authorities refused the applicant leave to
remain in the United Kingdom because he had separated from and
subsequently divorced his British wife. He had, however, obtained
regular access to the child of the family. After a review of the
applicant's case by the Government this leave was granted for 12
months, with a possibility of renewal, in July 1988. The applicant's
representatives informed the Commission on 9 August 1988 that the
applicant now wishes to withdraw his case before the Commission.
COMPLAINTS
The applicant had originally complained that the immigration
authorities' refusal of leave to remain was in breach of Articles 3,
8, 12, 13 and 14 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 9 October 1986 and
registered on 14 October 1986.
After a preliminary examination of the case by the Rapporteur,
the Commission considered the admissibility of the application on
13 July 1987. It decided to give notice of the application to the
respondent Government, pursuant to Rule 42 para. 2 (b) of the
Commission's Rules of Procedure, and to invite the Government to
submit written observations on the admissibility and merits of the
case.
On 3 November 1987 the Government informed the Commission that
the applicant's case was being reviewed by the Home Office. On
11 December 1987 the Commission decided to adjourn further examination
of the case pending the outcome of this review. On 29 July 1988 the
Government informed the Commission that it had decided to grant
exceptional leave to the applicant to remain in the United Kingdom for
12 months. The Government stated that if the applicant wishes to
remain in the United Kingdom after the expiry of that period it is
open to him to apply for further leave. On 9 August 1988 the
applicant's representatives informed the Commission that the applicant
now wishes to withdraw his case.
REASONS FOR THE DECISION
The Commission notes that the applicant's complaint has been
resolved by the leave granted to him to remain in the United Kingdom.
The Commission considers that there are no reasons of a general
character affecting the observance of the Convention which necessitate
the further retention of this case. The Commission, therefore,
accedes to the applicant's request to withdraw his application.
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)