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R.F., D.F. and S.F. v. THE NETHERLANDS

Doc ref: 17407/90 • ECHR ID: 001-978

Document date: September 2, 1991

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R.F., D.F. and S.F. v. THE NETHERLANDS

Doc ref: 17407/90 • ECHR ID: 001-978

Document date: September 2, 1991

Cited paragraphs only

Application No. 17407/90

by R.F., D.F., and S.F.

against the Netherlands

The European Commission of Human Rights sitting in private

on 2 September 1991, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

A.V. ALMEIDA RIBEIRO

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 1 November 1990

by R.F., D.F., and S.F. against the Netherlands and registered on 7

November 1990 under file No. 17407/90;

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 applicants, three minors born respectively in 1979, 1983

and 1985, have been recognised by their Dutch father on 18 January

1989 and have therefore Dutch nationality. The applicants reside in

Amsterdam, the Netherlands. Before the Commission they are

represented by G. Caarls, a lawyer practising in Amsterdam.

The applicants have always lived with their mother, who is a

Surinamese national. Since December 1989 the applicants and their

mother reside in the Netherlands. The father does not form part of

the applicants' family.

The applicants' mother requested a Dutch residence permit for

family reunification, which was rejected by the Deputy Minister of

Justice on 27 February 1990. Her request for a reconsideration of

this decision was rejected by the Deputy Minister of Justice on 10

August 1990. On 31 August 1990 the applicants' mother filed an appeal

against the decision of 10 August 1990 with the Judicial Division of

the Council of State.

The applicants and their mother also requested the President

of the Regional Court (Arrondissementsrechtbank) of the Hague in

summary proceedings to prohibit the Dutch government from expelling

the applicants' mother to Surinam pending the appeal proceedings. In

his judgment of 1 November 1990 the President of the Regional Court

rejected the request.

COMPLAINTS

The applicants complained that the expulsion of their mother

would constitute a violation of Articles 3 and 8 of the Convention and

Article 3 of Protocol No. 4.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 1 November 1990 and

registered on 7 November 1990.

On 9 November 1990 the Commission rejected the applicants'

request for a ruling under Rule 36 of the Commission's Rules of

Procedure.

By letter of 22 May 1991 the applicants' representative

informed the Commission that the applicants wished to withdraw their

application, as their mother had been allowed to reside in the Netherlands.

REASONS FOR THE DECISION

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the applicants do not intend to pursue this

petition since their mother 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)

LEXI

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