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S. S.-F. v. THE UNITED KINGDOM

Doc ref: 13321/87 • ECHR ID: 001-1065

Document date: July 10, 1989

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S. S.-F. v. THE UNITED KINGDOM

Doc ref: 13321/87 • ECHR ID: 001-1065

Document date: July 10, 1989

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 13321/87

by S. S.-F.

against the United Kingdom

The European Commission of Human Rights sitting in private

on 10 July 1989, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

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 12 October 1987

by S. S.-F. against the United Kingdom and registered on 19 October

1987 under file No. 13321/87;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The facts, as they have been submitted on behalf of the

applicant, may be summarised as follows.

The applicant is an Iranian national, born in 1963 and currently

living in the United Kingdom. He is represented in the proceedings

before the Commission by Messrs. Simons Muirhead and Burton,

solicitors, London.

The applicant arrived in the United Kingdom on 18 November

1978 and was admitted for one month as a visitor. He was subsequently

granted leave to remain as a student until 31 December 1980. In May

1981 he was convicted of possession of cannabis and fined £40.

The Secretary of State decided to make a deportation order

against the applicant, deeming him to be an overstayer since 1 January

1981. However he could not be traced. A notice of this decision was

eventually served on him on 12 April 1984 (the 1984 decision).

In August 1984, the applicant was again convicted on two charges of

possession of cannabis, for which he was fined £20 each, one offence

of possession of heroin, for which he was fined £100, one offence of

possession of cocaine for which he was fined £100, and one offence of

possession of amphetamine sulphate, for which he was given a

conditional discharge for two years. He was further convicted on

27 March 1986 of obstructing the police in the exercise of their powers

under the Misuse of Drugs Act 1971. On appeal the Croydon Crown Court

recommended on 21 May 1986 that he be deported. The Home Secretary,

served the applicant with a further deportation notice on 24 June

1986 (the 1986 decision).

The applicant's appeal against the 1986 decision on the

question of destination under Section 17 of the Immigration Act 1971

was rejected by the Chief Adjudicator on 7 October 1986. An appeal to

the Immigration Appeal Tribunal was turned down following a hearing on

26 March 1987.

The applicant also appealed against the 1984 decision

to deport him. This appeal was upheld by the Adjudicator following a

hearing on 4 December 1986. However the Adjudicator's determination

was reversed by the Immigration Appeal Tribunal on 12 August 1987.

A claim for asylum was considered by the Home Office

and rejected on 17 June 1986.

The applicant was detained from 1 September 1987 until

23 October 1987 pending deportation. He was released pending the

determination of his application to the Commission.

An application for leave to apply for judicial review was

dismissed by the Divisional Court on 29 November 1988. A renewed

application for leave to move for judicial review was made to the

Court of Appeal and was rejected on 24 February 1989.

COMPLAINTS

The applicant complained of his proposed deportation to Iran,

and of the absence of effective remedies against that measure. He

invoked Articles 3 and 13 of the Convention.

He feared that if he were returned to Iran he would be

detained and either summarily executed or subjected to torture or to

inhuman or degrading treatment or punishment. His fear was connected

to his political activities and his prior involvement with prohibited

drugs and convictions for drug offences.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 12 October 1987 and

registered on 19 October 1987.

On 22 October 1987 notice was given of the introduction of the

application to the respondent Government pursuant to Rule 41 of the

Commission's Rules of Procedure. The applicant requested an order for

interim measures under Rule 36 of the Rules of Procedure to prevent

his removal from the United Kingdom, but the United Kingdom Government

Agent informed the Commission's Secretariat on 22 October 1987 that

the applicant's removal from the United Kingdom was not imminent, and

undertook that the applicant would not be removed without the

Commission's being informed in advance. This undertaking was

confirmed by letter of the same date.

In the circumstances the President did not find it necessary

to consider the applicant's request for interim measures under Rule 36

of the Rules of Procedure, and the parties were so informed on

23 October 1987.

The application was considered by the Commission on

13 November 1987 when it was decided to communicate it to the respondent

Government for observations on the admissibility and merits of the

complaint. These observations were submitted on 11 February 1988.

The applicant's observations in reply were received on 21 April 1988.

The Commission decided on 15 December 1988 that the applicant

should be granted legal aid.

In a letter dated 18 April 1989 the Government indicated that,

following a further review of the applicant's case, the Home Secretary

decided that he should be given indefinite leave to remain in the

United Kingdom.

The applicant's solicitors informed the Commission by letter of

2 June 1989 that the applicant now sought to withdraw his application

before the Commission in the light of this development.

REASONS FOR THE DECISION

The Commission notes that the applicant complained under

Articles 3 and 13 (Art. 3, 13) of the Convention of the decision to

deport him to Iran. However, the applicant has now been granted

indefinite leave to remain in the United Kingdom and has indicated

that he wishes to withdraw his application. The Commission finds that

there are no reasons relating to the general interest to continue an

examination of the case.

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)

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