Application No. 17407/90
by R.F., D.F., and S.F.
against the Netherlands
The European Commission of Human Rights sitting in private
on 2 September 1991, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
F. ERMACORA
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G. H. THUNE
Sir Basil HALL
MM. F. MARTINEZ RUIZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
A.V. ALMEIDA RIBEIRO
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 1 November 1990
by R.F., D.F., and S.F. against the Netherlands and registered on 7
November 1990 under file No. 17407/90;
Having regard to the report provided for in Rule 47 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicants, three minors born respectively in 1979, 1983
and 1985, have been recognised by their Dutch father on 18 January
1989 and have therefore Dutch nationality. The applicants reside in
Amsterdam, the Netherlands. Before the Commission they are
represented by G. Caarls, a lawyer practising in Amsterdam.
The applicants have always lived with their mother, who is a
Surinamese national. Since December 1989 the applicants and their
mother reside in the Netherlands. The father does not form part of
the applicants' family.
The applicants' mother requested a Dutch residence permit for
family reunification, which was rejected by the Deputy Minister of
Justice on 27 February 1990. Her request for a reconsideration of
this decision was rejected by the Deputy Minister of Justice on 10
August 1990. On 31 August 1990 the applicants' mother filed an appeal
against the decision of 10 August 1990 with the Judicial Division of
the Council of State.
The applicants and their mother also requested the President
of the Regional Court (Arrondissementsrechtbank) of the Hague in
summary proceedings to prohibit the Dutch government from expelling
the applicants' mother to Surinam pending the appeal proceedings. In
his judgment of 1 November 1990 the President of the Regional Court
rejected the request.
COMPLAINTS
The applicants complained that the expulsion of their mother
would constitute a violation of Articles 3 and 8 of the Convention and
Article 3 of Protocol No. 4.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 1 November 1990 and
registered on 7 November 1990.
On 9 November 1990 the Commission rejected the applicants'
request for a ruling under Rule 36 of the Commission's Rules of
Procedure.
By letter of 22 May 1991 the applicants' representative
informed the Commission that the applicants wished to withdraw their
application, as their mother had been allowed to reside in the Netherlands.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that the applicants do not intend to pursue this
petition since their mother has been granted a residence permit in the
Netherlands. It finds no special circumstances regarding respect for
human rights as defined in the Convention which require examination of
the application to be continued, in accordance with 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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