Application No. 17839/91
by H.A. and M.A.
against Switzerland
The European Commission of Human Rights sitting in private on
8 January 1992, the following members being present:
MM.C.A. NØRGAARD, President
S. TRECHSEL
F. ERMACORA
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs.G. H. THUNE
SirBasil HALL
MM.F. MARTINEZ RUIZ
C.L. ROZAKIS
Mrs.J. LIDDY
MM.L. LOUCAIDES
J.-C. GEUS
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 17 January 1991
by H.A. and M.A. against Switzerland and registered on 25 February
1991 under file No. 17839/91;
Having regard to the information provided by the respondent
Government on 6 November 1991 as to an agreement reached between the
Government and the applicants;
Having deliberated;
Decides as follows:
THE FACTS
The applicants are Lebanese nationals born in 1972 and 1973,
respectively. Before the Commission they are represented by
Mr. T. Tschudi, a lawyer practising in Bern.
In 1990 the applicants travelled from Lebanon over Italy to
Switzerland where on 16 July 1990 they applied for asylum. In a
decision of 20 July 1990 the Delegate for Refugees ordered the first
applicant to reside at Interlaken in the Canton of Bern and the
second applicant at Veltheim in the Canton of Aargau. The decision
stated that there were no interests worthy of protection in
determining the applicants' residence in a particular canton. A
third brother who has also applied for asylum in Switzerland has
been requested to reside in the Canton of Geneva.
On 26 March 1991 the Federal Court (Bundesgericht) declared
inadmissible the applicants' administrative law appeal
(Verwaltungsgerichtsbeschwerde) since the decision of the Delegate
for Refugees was not subject to appeal.
COMPLAINTS
The applicants complained that the decision of the Federal
Delegate for Refugees to allocate them to different cantons violated
their right to respect for family life within the meaning of
Article 8 of the Convention. They submitted that in view of their
young age and their common background they should be enabled to
reside together, and that their financial means only allowed them to
visit each other every eight days. Under Article 13 of the
Convention the applicants complained that they had no effective
remedy to contest the Delegate's decisions.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 17 January 1991 and
registered on 25 February 1991.
On 2 September 1991 the Commission decided to communicate the
application to the respondent Government and invite them to submit
written observations on the admissibility and merits of the
application.
On 6 November 1991 the Government informed the Commission of
an agreement reached between the applicants and the Government. The
agreement provides, inter alia, that henceforth both applicants
shall be able to reside at Veltheim in the Canton of Aargau, that
they will receive compensation from the Government for costs and
expenses and as just satisfaction, and that they withdraw their
application to the Commission.
REASONS FOR THE DECISION
The Commission observes that the applicants are now permitted
to reside together, that they have obtained compensation for costs
and expenses and as just satisfaction, and that they wish to
withdraw their application.
The Commission considers that the factual basis of the
applicants' petition has now 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, 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)
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