Application No. 25411/94
by Bashkim ZOGJANI
against Finland
The European Commission of Human Rights (First Chamber) sitting
in private on 13 September 1995, the following members being present:
Mr. C.L. ROZAKIS, President
Mrs. J. LIDDY
MM. E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
M.P. PELLONPÄÄ
B. MARXER
B. CONFORTI
N. BRATZA
I. BÉKÉS
E. KONSTANTINOV
G. RESS
A. PERENIC
C. BÎRSAN
Mrs. M.F. BUQUICCHIO, Secretary to the Chamber
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 September 1994
by Bashkim Zogjani against Finland and registered on 12 October 1994
under file No. 25411/94;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having regard to the observations submitted by the respondent
Government on 16 June 1995;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a Kosovo-Albanian allegedly of Albanian
nationality born in 1959. He is a lawyer and resides in Kerava,
Finland. He is represented by Ms. Arijeta Dani, a nurse from Kerava.
On 12 March 1993 the applicant was granted a residence permit
apparently for weighty humanitarian reasons. It appears that presently
the applicant holds a permanent residence permit. According to a record
of an interview with the applicant carried out by the Finnish police
on 12 March 1993, he stated in two contexts that he had been engaged
to S since March 1989 and that they had been "cohabiting partners". In
one context S was referred to as the applicant's "spouse". According
to the applicant he had already on his arrival in Finland stated to the
authorities that S was his wife.
In July 1993 the applicant requested that S be granted a
residence permit on humanitarian grounds in order to join him in
Finland. The applicant submitted a copy of a marriage certificate
issued by the Islamic parish in Kosovo, former Yugoslavia, according
to which the applicant and S had contracted marriage on 18 March 1989.
In its opinion to the competent Finnish Consulate of 22 July 1994
the Aliens Centre of the Ministry of the Interior opposed the granting
of a residence permit to S. Subsequently the competent Finnish
Consulate refused to grant S a residence permit.
The applicant complains of lack of respect for his family life
as S has not been permitted to enter Finland in order to join him.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 2 September 1994 and registered
on 12 October 1994.
On 17 May 1995 the Commission decided, pursuant to Rule 48
para. 2 (b) of the Rules of Procedure, to bring the application to the
notice of the respondent Government and to invite them to submit
written observations on the admissibility and merits.
The Government's written observations were submitted on
16 June 1995. The Government informed the Commission that the applicant
married S on 30 December 1994 in Kosovo, former Yugoslavia. He has
presented a valid certificate of their marriage, dated 6 February 1995.
For this reason the Aliens Centre supported in its fresh opinion of
11 April 1995 the granting of a residence permit to S. For the
above-mentioned reasons the Finnish Embassy in Sofia decided on
25 May 1995 to grant S a residence permit for Finland for six months.
On the basis of section 72 a of the Aliens Act any future requests from
S for a residence permit will be decided by the Aliens Centre.
By letter of 22 June 1995 the Commission's Secretariat forwarded
these observations to the applicant's representative. In accordance
with the Commission's instructions, a time-limit expiring on
1 August 1995 was fixed for any observations in reply. There was no
reaction on the applicant's part.
REASONS FOR THE DECISION
Noting that the applicant's wife S has been granted a temporary
residence permit the Commission finds, in accordance with Article 30
para. 1 (c) of the Convention, that it is no longer justified to
continue the examination of the application. Furthermore, it finds no
special circumstances regarding respect for Human Rights, as defined
in the Convention, which require the continuation of the examination
of the application. It follows that the application should be struck
out of the Commissions's list of cases.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
Secretary to the First Chamber President of the First Chamber
(M.F. BUQUICCHIO) (C.L. ROZAKIS)
Full & Egal Universal Law Academy