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H. v. UNITED KINGDOM

Doc ref: 15978/90 • ECHR ID: 001-658

Document date: April 4, 1990

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Cited paragraphs: 0
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H. v. UNITED KINGDOM

Doc ref: 15978/90 • ECHR ID: 001-658

Document date: April 4, 1990

Cited paragraphs only

Application No. 15978/90

by H.

against the United Kingdom

The European Commission of Human Rights sitting in private on

4 April 1990, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

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

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 8 January

1990 by H. against the United Kingdom and registered on

11 January 1990 under file No. 15978/90;

Having regard to:

- reports provided for in Rule 40 of the Rules of Procedure

of the Commission;

- the Commission's decision of 15 February 1990 to bring

the application to the notice of the respondent Government

and invite them to submit written observations on its

admissibility and merits;

- the information provided by the respondent Government

on 23 February 1990 to which the applicant replied on

8 March 1990;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Pakistan, born in 1961. At the

time of lodging his application, he was detained in HM Prison Winson

Green, Birmingham, awaiting deportation back to Pakistan. He is

represented before the Commission by Messrs. McGrath and Co.,

Solicitors, Birmingham.

The applicant complained to the Commission that his

deportation from the United Kingdom would deprive him of regular

access to his four year old British daughter with whom he has a close

relationship. He thereby claimed to be a victim of a violation of

Article 8 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 8 January 1990 and

registered on 11 January 1990. In the letter of introduction the

applicant's solicitors requested the Secretary to the Commission to

give notice of the application to the United Kingdom Government,

pursuant to Rule 41 of the Rules of Procedure, in view of the urgency

of the case created by the applicant's imminent deportation to

Pakistan. After considering the papers submitted by the applicant,

the Secretary agreed to the request and gave the necessary notice to

the respondent Government on 11 January 1990. That same day the

Government's Agent informed the Secretary that the applicant's

deportation had been temporarily stayed while the Secretary of State

considered further representations from the applicant's Member of

Parliament.

After a preliminary examination of the case by the Rapporteur,

the Commission considered the admissibility of the application on

15 February 1990. It decided that, in accordance with Rule 42

para. 2 (b) of the Rules of Procedure, notice should be given to the

Government of the United Kingdom of the application and that the

parties should be invited to submit written observations on the

admissibility and merits of the case.

However on 23 February 1990 the Government informed the

Commission that the Secretary of State had reviewed the applicant's

case and, in the light of all the circumstances, had decided to allow

the applicant to remain in the United Kingdom, the deportation order

against him being revoked. In view of this decision the applicant's

representatives informed the Commission on 8 March 1990 that their

client no longer wished to pursue his application to the Commission.

REASONS FOR THE DECISION

The Commission notes that the applicant has now been allowed

to remain in the United Kingdom where he can enjoy regular access to

his daughter and that the applicant wishes to withdraw his application

to the Commission. It concludes, therefore, that the applicant does

not intend to pursue further his petition, the factual basis of which

has been resolved, within the meaning of Article 30 para. 1 (a)

(Art. 30-1-a) and (b) (Art. 30-1-b) of the Convention. Moreover, the

Commission finds no reasons of a general character affecting respect

for Human Rights, as defined in the Convention, which require the

further examination of the case by virtue of Article 30 para. 1

(Art. 30-1) in fine of the Convention.

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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