Application No. 13615/88
by S.
against the Netherlands
The European Commission of Human Rights sitting in private
on 19 April 1991, the following members being present:
MM. C.A. NØRGAARD, President
F. ERMACORA
A. WEITZEL
H.G. SCHERMERS
H. DANELIUS
Mrs. G. H. THUNE
Sir Basil HALL
Mr. F. MARTINEZ RUIZ
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 14 December
1987 by S. against the Netherlands and registered
on 15 February 1988 under file No. 13615/88;
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 applicant, born in 1955, is a Nigerian citizen residing at
Sneek in the Netherlands. Before the Commission, he is represented by
Mr. J.C.G. Leijten, a lawyer practising at Leeuwarden, the Netherlands.
The applicant complained that the Dutch authorities had
refused to grant him a residence permit. This constituted an
interference with his right to respect for family life, since he would
no longer be able to exercise the right to see his two children on a
regular basis, which had been granted to him as an auxiliary guardian
upon his divorce in the Netherlands.
In the meanwhile the applicant has been granted permission to
reside in the Netherlands.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 14 December 1987 and
registered on 15 February 1988.
On 8 November 1989 the Commission decided to communicate the
application to the respondent Government and invite them to submit
written observations on the admissibility and the merits of the
complaint under Article 8 of the Convention concerning the right to
respect for family life.
By letter of 14 November 1989 the applicant informed the
Commission that he wished to withdraw the application.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that the applicant does not intend to pursue this
petition since he 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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