Application No. 14458/88
by Parviz ZARRABI
against the United Kingdom
The European Commission of Human Rights sitting in private on
7 September 1989, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
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 2 December
1988 by Parviz ZARRABI against the United Kingdom and registered on
9 December 1988 under file No. 14458/88;
Having regard to:
- reports provided for in Rule 40 of the Rules of Procedure
of the Commission;
- the Commission's decision of 16 December 1988 to bring
the application to the notice of the respondent Government
and invite them to submit written observations on its
admissibility and merits;
- the observations submitted by the respondent Government on
15 February 1989 to which the applicant replied on
17 April 1989;
- the information provided by the Government on 14 April 1989;
- the information provided by the applicant's representative on
28 June 1989;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of Iran, born in 1949, and resident
in the United Kingdom since May 1977 where he has close relatives. He
was at first represented before the Commission by Miss C. Parker,
barrister, instructed by the North Kensington Law Centre.
The applicant originally complained to the Commission of the
decision by British immigration authorities to deport him to Iran
because of drug convictions. However, after a review of his case, the
Government revoked the deportation order in view of the current
situation in Iran.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 2 December 1988 and
registered on 9 December 1988. After a preliminary examination of the
case by the Rapporteur, the Commission decided to give notice of the
application to the respondent Government, pursuant to Rule 42 para. 2
(b) of the Rules of Procedure, and to invite them to submit their
observations on the admissibility and merits of the application.
These observations were submitted on 15 February 1989, to which the
applicant replied on 17 April 1989. However on 14 April 1989 the
Government informed the Commission that the Home Secretary had made a
further review of the applicant's case and, in view of the current
situation in Iran, had decided to revoke the deportation order against
the applicant. The applicant has failed to inform the Commission
whether he wishes to pursue or withdraw the application in view of
this development. On 28 June 1989 the applicant's representative
informed the Commission that she no longer acted on his behalf and
advised the Commission's Secretariat to contact the applicant
directly. The applicant did not reply to a registered letter dated
26 July 1989 from the Secretariat requesting confirmation of the
applicant's withdrawal or continuation of the application.
REASONS FOR THE DECISION
The Commission notes that the applicant no longer risks
deportation from the United Kingdom to Iran and that he has failed to
inform his representative or the Commission whether he still wishes to
pursue his application. In these circumstances, the Commission
concludes that the applicant has lost interest in his case. Moreover,
it finds no reasons of a general character affecting the observance of
the Convention which require the further examination of the
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)