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TEKESTE v. SWEDEN

Doc ref: 14404/88 • ECHR ID: 001-1124

Document date: March 10, 1989

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TEKESTE v. SWEDEN

Doc ref: 14404/88 • ECHR ID: 001-1124

Document date: March 10, 1989

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 14404/88

by Mekonen TEKESTE

against Sweden

The European Commission of Human Rights sitting in private

on 10 March 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. 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 28 October 1988

by Mekonen Tekeste against Sweden and registered on 28 November 1988

under file No. 14404/88;

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 of the case, as submitted by the applicant, may be

summarised as follows.

The applicant is a Swedish citizen, born in 1956. He is

resident at Sundbyberg, Sweden. He is a refugee from Eritrea,

Ethiopia. Before the Commission he is represented by Mr. Jan

Axelsson, a lawyer practising in Stockholm.

On 31 March 1988 the applicant married an Ethiopian citizen in

Khartoum, Sudan. The applicant's wife made a request for a visa to

join her husband in Sweden and for a residence and a labour permit.

Her request was rejected by the Swedish Immigration Board (statens

invandrarverk) on 6 September 1988. No appeal lay against the

Board's decision. The applicant's wife was living under insecure

conditions as a refugee in Sudan. She had been taken seriously ill.

By letter of 19 January 1989 the applicant's representative

informed the Commission that the applicant's wife had been allowed to

join her husband in Sweden and that the applicant wished to withdraw

his application.

COMPLAINTS

The applicant complained that it was not possible for him and

his wife to settle in Sudan and that, as political refugees, they could

not go back to their native country, Ethiopia. He maintained that the

only country where it would be feasible for them to live together was

Sweden. He invoked Articles 8 and 12 of the Convention.

The applicant also complained that he had no remedy against

the decision of the Swedish Immigration Board refusing his wife's

request for a residence and a labour permit. He invoked Article 13 of

the Convention.

REASONS FOR THE DECISION

The Commission notes that the applicant's wife has been

allowed to join her husband in Sweden and that the applicant has

withdrawn his application. It finds that there are no reasons of a

general character affecting the observance of the Convention which

require a further examination of the application.

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)

LEXI

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