FIRST SECTION

DECISION

Application no. 14469/03 by Abigail and Michael POULSEN against Denmark

The European Court of Human Rights ( First Section) , sitting on 6 May 2004 as a Chamber composed of:

Mr C.L. Rozakis , President , Mr P. Lorenzen , Mr G. Bonello , Mrs F. Tulkens , Mr E. Levits , Mrs S. Botoucharova , Mrs E. Steiner, judges , and Mr S. Nielsen , Section Registrar , Having regard to the above application lodged on 28 April 2003,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

THE FACTS

The first applicant, a Ghanian national, married the second applicant, a Danish national, in December 2000 and was shortly thereafter granted a temporary residence permit in Denmark pursuant to the Aliens Act ( Udlændingeloven ). On 3 May 2002 the Aliens Authorities ( Udlændingestyrelsen ) refused to extend the first applicant's residence permit because the second applicant had been imprisoned and the spouses therefore could no longer be said to live together. The Aliens Authorities stated inter alia that the fact that the second applicant perhaps could be released on parole on 28 February 2003 could not alter the decision. On appeal, on 25 February 2003 the decision was upheld by the Ministry of Refugees, Immigrants and Integration Affairs ( Ministeriet for Flygtninge, Indvandrere og Integration ) and the first applicant was ordered to leave the country on 6 April 2003 at the latest. Also, she was advised that she could re-apply for a residence permit when the second applicant had been released from prison.   

COMPLAINT

The applicants complained t hat an implementation of the decision to deport the first applicant to Ghana would be a violation of Article 8 of the Convention

PROCEDURE

The applicants' request that Rule 39 of the Rules of Court be applied was refused on 7 May 2003 by the President of the Chamber to which the case had been allocated.

On 29 May 2003 the Court decided, under Rule 54 § 2 (b) of the Rules of Court, to give notice of the application to the respondent Government and invite them to submit written observations on the admissibility and merits of the case. The President of the Chamber decided to give priority to the application under Rule 41 of the Rules of Court.

On 6 November 2003 the Court decided to adjourn the examination of the case awaiting the outcome of pending domestic proceedings as regards the first applicant.

In a letter of 18 February 2004 the respondent Government submitted a decision of 11 February 2004 by the Aliens Authorities', whereby the first applicant had been granted a temporary residence permit.

In a letter of 18 March 2004 the applicants withdrew their application before the Court.

THE LAW

The Court takes note of the applicants' withdrawal of the application (Article 37 § 1 (a) and (b) of the Convention). The Court considers that there is no reason which would justify the continuation of the examination of the application. 

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Søren Nielsen Christos Rozakis Registrar President