GAMPEL v. AUSTRIA
Doc ref: 15221/89 • ECHR ID: 001-770
Document date: November 7, 1990
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AS TO THE ADMISSIBILITY OF
Application No. 15221/89
by Jozsef GAMPEL
against Austria
The European Commission of Human Rights sitting in private
on 7 November 1990, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
F. ERMACORA
E. BUSUTTIL
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
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 7 July 1989 by
Jozsef GAMPEL against Austria and registered on 20 July 1989 under
file No. 15221/89;
Having regard to the report provided for in Rule 47 of the
Rules of Procedure of the Commission;
Having deliberated;
Decides as follows:
The applicant is a Hungarian citizen born in 1934.
The applicant was ordered to leave Austria on 12 October 1983
as he had no residence papers, the order to be effective only from
30 April 1984. The suspensive effect was extended. Subsequent
requests for residence papers and asylum have all been rejected. A
decision of the Constitutional Court (Verfassungsgerichtshof) of 1
June 1988 rejected procedural complaints of the applicant. A further
decision of the Constitutional Court, of 17 April 1989, rejected an
appeal by the applicant against a decision of the Ministry of the
Interior of 14 December 1988, because he had not supplied the
requisite copies.
The applicant complains that he was refused a residence
and work permit. He also makes procedural complaints concerning the
various proceedings that he has been involved in. He alleges
violations of Articles 5, 6 and 13 of the Convention and Article 1 of
Protocol No. 1 and Article 2 of Protocol No. 4.
The Commission has examined the applicant's separate
complaints as they have been submitted by him. However, after
considering the case as a whole, the Commission finds that it does not
disclose any appearance of a violation of the rights and freedoms set
out in the Convention.
It follows that the application is inadmissible within the
meaning of Article 27 of the Convention.
For these reasons, the Commission unanimously
DECLARES THE APPLICATION INADMISSIBLE.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)