Application No. 15978/90
by H.
against the United Kingdom
The European Commission of Human Rights sitting in private on
4 April 1990, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
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
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 8 January
1990 by H. against the United Kingdom and registered on
11 January 1990 under file No. 15978/90;
Having regard to:
- reports provided for in Rule 40 of the Rules of Procedure
of the Commission;
- the Commission's decision of 15 February 1990 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 respondent Government
on 23 February 1990 to which the applicant replied on
8 March 1990;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of Pakistan, born in 1961. At the
time of lodging his application, he was detained in HM Prison Winson
Green, Birmingham, awaiting deportation back to Pakistan. He is
represented before the Commission by Messrs. McGrath and Co.,
Solicitors, Birmingham.
The applicant complained to the Commission that his
deportation from the United Kingdom would deprive him of regular
access to his four year old British daughter with whom he has a close
relationship. He thereby claimed to be a victim of a violation of
Article 8 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 8 January 1990 and
registered on 11 January 1990. In the letter of introduction the
applicant's solicitors requested the Secretary to the Commission to
give notice of the application to the United Kingdom Government,
pursuant to Rule 41 of the Rules of Procedure, in view of the urgency
of the case created by the applicant's imminent deportation to
Pakistan. After considering the papers submitted by the applicant,
the Secretary agreed to the request and gave the necessary notice to
the respondent Government on 11 January 1990. That same day the
Government's Agent informed the Secretary that the applicant's
deportation had been temporarily stayed while the Secretary of State
considered further representations from the applicant's Member of
Parliament.
After a preliminary examination of the case by the Rapporteur,
the Commission considered the admissibility of the application on
15 February 1990. It decided that, in accordance with Rule 42
para. 2 (b) of the Rules of Procedure, notice should be given to the
Government of the United Kingdom of the application and that the
parties should be invited to submit written observations on the
admissibility and merits of the case.
However on 23 February 1990 the Government informed the
Commission that the Secretary of State had reviewed the applicant's
case and, in the light of all the circumstances, had decided to allow
the applicant to remain in the United Kingdom, the deportation order
against him being revoked. In view of this decision the applicant's
representatives informed the Commission on 8 March 1990 that their
client no longer wished to pursue his application to the Commission.
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 daughter 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)
(Art. 30-1-a) and (b) (Art. 30-1-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
(Art. 30-1) 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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