Application No. 26268/95

by Faith AWOUR-ANTONSSON

against Sweden

The European Commission of Human Rights (Second Chamber) sitting in private on 21 October 1998, the following members being present:

MM J.-C. GEUS, President

M.A. NOWICKI

G. JÖRUNDSSON

A. GÖZÜBÜYÜK

J.-C. SOYER

H. DANELIUS

Mrs G.H. THUNE

MM F. MARTINEZ

I. CABRAL BARRETO

D. ŠVÁBY

P. LORENZEN

E. BIELIŪNAS

E.A. ALKEMA

A. ARABADJIEV

Ms M.-T. SCHOEPFER, 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 17 November 1994 by Faith AWOUR-ANTONSSON against Sweden and registered on 24 January 1995 under file No. 26268/95;

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 is a Kenyan citizen born in 1970.  Before the Commission she is represented by Mr Lars Arrhenius , a lawyer practising in Stockholm.

The applicant had a permit to reside in Sweden between 30 July 1991 and 30 January 1992 based on the fact that she was married to a Swedish citizen.  Following their divorce in August 1992, the National Immigration Board ( Statens invandrarverk ) rejected her application for a further residence permit and ordered that she be expelled from Sweden.

On 10 December 1993 the applicant gave birth to a daughter, of whom a Swedish citizen is the father.  Following the decision of 4 August 1994 of the District Court ( tingsrätten ) of Göteborg to award temporary custody of the child to the father, the Immigration Board, on 28 October 1994, rejected the applicant's new application for a residence permit.  However, yet another application was lodged by the applicant and, on 21 December 1994, the Aliens Appeals Board ( Utlänningsnämnden ) stayed the execution.

By respective judgments of 12 November 1996 and 14 April 1997, the District Court of Göteborg and the Court of Appeal for Western Sweden awarded custody of the child to the father.  The applicant was given access rights.  Nevertheless, on 1 April 1997 the Appeals Board rejected a further application for a residence permit.

On 26 May 1997 the applicant lodged another application and requested that the expulsion order be stayed.  The latter request was granted by the Appeals Board on 29 May 1997.

On 23 October 1997 the Appeals Board granted the applicant a permanent residence permit.

By letter of 16 September 1998, the applicant informed the Commission of her wish to withdraw the present application.

COMPLAINTS

The applicant claimed that her expulsion from Sweden would violate her rights under Articles 3 and 8 of the Convention.

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 her petition.  Further, under Article 30 para. 1 (b), the Commission finds that the matter has been resolved, as the applicant has been granted a permanent residence permit.  Moreover, as regards the issues raised in the present case, the Commission finds no reasons of a general character affecting respect for human rights, as defined in the 

Convention, which require the further examination of the application by virtue of Article 30 para. 1 in fine.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.

M.-T. SCHOEPFER                                   J.-C. GEUS

                     Secretary                                               President

          to the Second Chamber                           of the Second Chamber