AS TO THE ADMISSIBILITY OF
Application No. 12292/86
by Recef SAHSI
against the Netherlands
The European Commission of Human Rights sitting in private
on 13 October 1987 the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
F. ERMACORA
G. JÖRUNDSSON
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. 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 9 June 1986
by Recef SAHSI against the Netherlands and registered
on 29 July 1986 under file N° 12292/86;
Having regard to the report provided for in Rule 40 of the
Rules of Procedure of the Commission;
Having regard to the Government's proposal to grant a
residence permit to the applicant's son and daughter and its subequent
awarding of the permit;
Having regard to the affirmation of the applicant to have the
application withdrawn;
Having deliberated;
Decides as follows:
&_THE FACTS&S
The facts of the case as they have been submitted by the
applicant may be summarised as follows.
The applicant is a Turkish citizen, born on 11 June 1954 and
at present residing in Hilversum, the Netherlands. In the proceedings
before the Commission he is represented by Mr. N. Schaar, a lawyer
practising at Bussum, the Netherlands.
In 1975, the applicant was divorced in Turkey. His two
children, a daughter born on 1 January 1973 and a son born on
1 March 1974, stayed with him since his former wife had left.
On 27 July 1976, the applicant remarried a Turkish woman, who
had entered the Netherlands on 15 February 1975 in the framework of
family reunification.
The applicant entered the Netherlands on 31 July 1977.
Having reported himself to the Head of the local police at Hilversum
he was granted a conditional residence permit, allowing him to stay
with his spouse and to work. On 4 November 1982 the applicant was
given a permanent residence permit (vestigingsvergunning).
The applicant left his two children in the care of his mother
when he went to the Netherlands, but he apparently continued to pay
for their upbringing and visited them every year.
It appears that the applicant brought his son to the
Netherlands on 14 September 1985 because his mother was not capable of
raising the children any longer. The applicant requested a residence
permit for his child, but this was refused by the Head of the local
police at Hilversum on 23 October 1985.
Thereupon, the applicant introduced a request for revision
with the Deputy Minister of Justice.
Having obtained the advice of the Advisory Committee for
Aliens' Affairs (Adviescommissie van Vreemdelingenzaken) on
24 January 1986, which recommended that the request be rejected, the
Deputy Minister of Justice rejected the applicant's request on
21 February 1986.
The Deputy Minister considered, inter alia, that according
to Dutch immigration policy any spouses and minor children who had
actually belonged to the family could, under certain conditions, be
allowed to join aliens holding residence permits in the Netherlands.
The applicant's son could not be considered as having actually
belonged to the family abroad, but had stayed with his grandmother in
Turkey until 14 September 1985. Moreover, the applicant had not
demonstrated that he had transferred money to his mother. It was also
noted that the child's grandmother, his sister and two married aunts
were still living in Turkey.
The applicant's son left the Netherlands on 11 May 1986.
&_COMPLAINTS&S
The applicant complains that the Netherlands authorities,
by refusing to grant his minor child a residence permit, violated
their right to respect for their family life and their right to
maintain their family. He invokes Articles 8 and 12 of the
Convention.
In addition, the applicant complains that the Deputy Minister
of Justice did not decide on his claims under the Convention.
&_PROCEEDINGS BEFORE THE COMMISSION&S
The application was introduced on 9 June 1986 and registered
on 29 July 1986.
On 11 December 1986 the Commission decided to bring the
application to the notice of the respondent Government and to invite
them to submit written observations on the admissibility and merits of
the application.
On 31 March 1987 the Government informed the Secretariat that
they would not submit any written observations because the Netherlands
authorities had decided to grant both the applicant's son and daughter
a residence permit if so requested.
On 22 April 1987 the applicant's lawyer informed the
Secretariat, in reply to the Government's proposal, that he would
withdraw the application as soon as the residence permits had been
obtained.
On 2 September 1987 the lawyer confirmed that the applicant
had obtained the residence permits and that he now wanted to withdraw
the application.
&_REASONS FOR THE DECISION&S
The Commission notes that the applicant no longer seeks to
maintain his application because he has obtained residence permits for
his son and daughter.
Furthermore, it considers that there is no general ground
relating to the observance of the Convention which justifies further
examination of the present application.
Having regard to Rule 44 para. 1 (b) of its Rules of
Procedure, 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)