Ghobadi v. the United Kingdom



Application No. 13700/88

by Reza GHOBADI

against the United Kingdom

The European Commission of Human Rights sitting in private on

7 September 1989, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H. DANELIUS

G. BATLINER

J. CAMPINOS

H. VANDENBERGHE

Mrs. G.H. THUNE

Sir Basil HALL

M. F. MARTINEZ

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 9 February 1988

by Reza GHOBADI against the United Kingdom and registered on 24 March

1988 under file No. 13700/88;

Having regard to:

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

the Commission;

- the Commission's decision of 6 March 1989 to request

information from the Government;

- the information provided by the Government on 8 March 1989;

- the Commission's decision of 11 March 1989 to adjourn its

examination of the case pending the Government's review of

the applicant's case;

- the information provided by the Government on 18 April 1989;

- the response of the applicant on 3 August 1989;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Iranian citizen, born in 1965 and resident

in London since he was 11 years old. He is represented before the

Commission by Messrs. John Hughes, Foulkes & Reeves, Solicitors,

Wrexham, Clwyd.

The applicant originally complained to the Commission of the

decision of British immigration authorities to deport him to Iran

because he had finished his studies. However, after a review of his

case, the Government gave the applicant permission to remain

indefinitely in the United Kingdom where he has close relatives.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 9 February 1988 and

registered on 24 March 1988. After a preliminary examination of the

case by the Rapporteur, the Commission considered the admissibility of

the application on 6 March 1989. It decided to request information

from the Government, pursuant to Rule 42 para. 2 (a) of the Rules of

Procedure, concerning details of the Government's deportation plans

for the applicant. On 8 March 1989 the Government informed the

Commission that the applicant's deportation was not imminent and that

his case was under review. On 11 March 1989 the Commission adjourned

its examination of the applicant's case pending the result of this

review. On 18 April 1989 the Government informed the Commission of

the Home Secretary's decision to give the applicant indefinite leave

to remain in the United Kingdom. In response to this decision, the

applicant requested the withdrawal of his case on 3 August 1989.

REASONS FOR THE DECISION

The Commission notes that the applicant has been granted leave

to remain in the United Kingdom. It finds no reasons of a general

character affecting the observance of the Convention which require the

further examination of this case. Accordingly it accedes to the

applicant's request to withdraw his application to the Commission.

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)