AS TO THE ADMISSIBILITY OF
Application No. 13321/87
by S. S.-F.
against the United Kingdom
The European Commission of Human Rights sitting in private
on 10 July 1989, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
F. ERMACORA
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
Mrs. J. LIDDY
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 12 October 1987
by S. S.-F. against the United Kingdom and registered on 19 October
1987 under file No. 13321/87;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The facts, as they have been submitted on behalf of the
applicant, may be summarised as follows.
The applicant is an Iranian national, born in 1963 and currently
living in the United Kingdom. He is represented in the proceedings
before the Commission by Messrs. Simons Muirhead and Burton,
solicitors, London.
The applicant arrived in the United Kingdom on 18 November
1978 and was admitted for one month as a visitor. He was subsequently
granted leave to remain as a student until 31 December 1980. In May
1981 he was convicted of possession of cannabis and fined £40.
The Secretary of State decided to make a deportation order
against the applicant, deeming him to be an overstayer since 1 January
1981. However he could not be traced. A notice of this decision was
eventually served on him on 12 April 1984 (the 1984 decision).
In August 1984, the applicant was again convicted on two charges of
possession of cannabis, for which he was fined £20 each, one offence
of possession of heroin, for which he was fined £100, one offence of
possession of cocaine for which he was fined £100, and one offence of
possession of amphetamine sulphate, for which he was given a
conditional discharge for two years. He was further convicted on
27 March 1986 of obstructing the police in the exercise of their powers
under the Misuse of Drugs Act 1971. On appeal the Croydon Crown Court
recommended on 21 May 1986 that he be deported. The Home Secretary,
served the applicant with a further deportation notice on 24 June
1986 (the 1986 decision).
The applicant's appeal against the 1986 decision on the
question of destination under Section 17 of the Immigration Act 1971
was rejected by the Chief Adjudicator on 7 October 1986. An appeal to
the Immigration Appeal Tribunal was turned down following a hearing on
26 March 1987.
The applicant also appealed against the 1984 decision
to deport him. This appeal was upheld by the Adjudicator following a
hearing on 4 December 1986. However the Adjudicator's determination
was reversed by the Immigration Appeal Tribunal on 12 August 1987.
A claim for asylum was considered by the Home Office
and rejected on 17 June 1986.
The applicant was detained from 1 September 1987 until
23 October 1987 pending deportation. He was released pending the
determination of his application to the Commission.
An application for leave to apply for judicial review was
dismissed by the Divisional Court on 29 November 1988. A renewed
application for leave to move for judicial review was made to the
Court of Appeal and was rejected on 24 February 1989.
COMPLAINTS
The applicant complained of his proposed deportation to Iran,
and of the absence of effective remedies against that measure. He
invoked Articles 3 and 13 of the Convention.
He feared that if he were returned to Iran he would be
detained and either summarily executed or subjected to torture or to
inhuman or degrading treatment or punishment. His fear was connected
to his political activities and his prior involvement with prohibited
drugs and convictions for drug offences.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 12 October 1987 and
registered on 19 October 1987.
On 22 October 1987 notice was given of the introduction of the
application to the respondent Government pursuant to Rule 41 of the
Commission's Rules of Procedure. The applicant requested an order for
interim measures under Rule 36 of the Rules of Procedure to prevent
his removal from the United Kingdom, but the United Kingdom Government
Agent informed the Commission's Secretariat on 22 October 1987 that
the applicant's removal from the United Kingdom was not imminent, and
undertook that the applicant would not be removed without the
Commission's being informed in advance. This undertaking was
confirmed by letter of the same date.
In the circumstances the President did not find it necessary
to consider the applicant's request for interim measures under Rule 36
of the Rules of Procedure, and the parties were so informed on
23 October 1987.
The application was considered by the Commission on
13 November 1987 when it was decided to communicate it to the respondent
Government for observations on the admissibility and merits of the
complaint. These observations were submitted on 11 February 1988.
The applicant's observations in reply were received on 21 April 1988.
The Commission decided on 15 December 1988 that the applicant
should be granted legal aid.
In a letter dated 18 April 1989 the Government indicated that,
following a further review of the applicant's case, the Home Secretary
decided that he should be given indefinite leave to remain in the
United Kingdom.
The applicant's solicitors informed the Commission by letter of
2 June 1989 that the applicant now sought to withdraw his application
before the Commission in the light of this development.
REASONS FOR THE DECISION
The Commission notes that the applicant complained under
Articles 3 and 13 (Art. 3, 13) of the Convention of the decision to
deport him to Iran. However, the applicant has now been granted
indefinite leave to remain in the United Kingdom and has indicated
that he wishes to withdraw his application. The Commission finds that
there are no reasons relating to the general interest to continue an
examination of the case.
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)