Application No. 12303/86
by K.M.
against the United Kingdom
The European Commission of Human Rights sitting in private
on 14 May 1987, the following members being present:
MM. C. A. NØRGAARD, President
J. A. FROWEIN
G. TENEKIDES
S. TRECHSEL
B. KIERNAN
A. S. GÖZÜBÜYÜK
A. WEITZEL
J. C. SOYER
H. G. SCHERMERS
H. DANELIUS
G. BATLINER
H. VANDENBERGHE
Mrs G. H. THUNE
Sir Basil HALL
Mr. F. MARTINEZ
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 4 August 1986
by K.M. against the United Kingdom and registered
on 4 August 1986 under file No. 12303/86;
Having regard to:
- the reports provided for in Rule 40 of the Rules of Procedure
of the Commission;
- the Commission's decision of 6 October 1986 to give notice of
the application to the respondent Government and to invite the
parties to submit their written observations on admissibility
and merits;
- the Government's observations of 23 January 1987;
- the withdrawal of the application by the applicant on 9 April 1987;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of Sri Lanka, born in 1953, and a
member of the Tamil minority. He has temporary leave to reside in the
United Kingdom. He is represented before the Commission by
Ms. S. Hulton, Legal Director of Interights, London.
The applicant originally complained to the Commission of the
decision by United Kingdom immigration authorities to deport him for
having unlawfully overstayed previous study leave of entry. He
alleged that he feared persecution in Sri Lanka if returned there, and
invoked Articles 3 and 13 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
On 6 October 1986 the Commission decided, pursuant to Rule 42
para. 2 (b) of its Rules of Procedure, to give notice of the
application to the respondent Government, and to invite the parties to
submit their written observations on the admissibility and merits of
the case. The Government lodged their written observations on
23 January 1987, after two extensions of the time-limit fixed for
their submission had been granted by the President of the Commission.
The applicant failed to reply to those observations and the
applicant's representative was warned by the Secretariat of the
possible consequences of this failure on 13 March 1987.
On 9 April 1987 the applicant's representative informed the
Commission by telephone that the applicant wished to withdraw his
application. This was confirmed by a letter of the same date.
REASONS FOR THE DECISION
The Commission notes that the applicant wishes to withdraw his
application to the Commission. The Commission considers that in the
particular circumstances of this case there are no reasons of a
general character affecting the observance of the Convention which
necessitate the further retention of the application. Accordingly, the
Commission 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)