H. v. the UNITED KINGDOM



Application No. 12492/86

by H.

against the United Kingdom

The European Commission of Human Rights sitting in private on

11 October 1988, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

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. 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 October 1986

by H. against the United Kingdom and registered on 14 October 1986

under file No. 12492/86;

Having regard to:

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

the Commission;

- ii -

- the Commission's decision of 13 July 1987 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 Government on 3 November

1987 and 29 July 1988;

- the information provided by the applicant's representatives

on 9 August 1988;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Iran born in 1958 and residing

in Liverpool. He is represented before the Commission by Messrs. A.D.

Abrahamson & Co., Solicitors, Liverpool.

British immigration authorities refused the applicant leave to

remain in the United Kingdom because he had separated from and

subsequently divorced his British wife. He had, however, obtained

regular access to the child of the family. After a review of the

applicant's case by the Government this leave was granted for 12

months, with a possibility of renewal, in July 1988. The applicant's

representatives informed the Commission on 9 August 1988 that the

applicant now wishes to withdraw his case before the Commission.

COMPLAINTS

The applicant had originally complained that the immigration

authorities' refusal of leave to remain was in breach of Articles 3,

8, 12, 13 and 14 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 9 October 1986 and

registered on 14 October 1986.

After a preliminary examination of the case by the Rapporteur,

the Commission considered the admissibility of the application on

13 July 1987. It decided to give notice of the application to the

respondent Government, pursuant to Rule 42 para. 2 (b) of the

Commission's Rules of Procedure, and to invite the Government to

submit written observations on the admissibility and merits of the

case.

On 3 November 1987 the Government informed the Commission that

the applicant's case was being reviewed by the Home Office. On

11 December 1987 the Commission decided to adjourn further examination

of the case pending the outcome of this review. On 29 July 1988 the

Government informed the Commission that it had decided to grant

exceptional leave to the applicant to remain in the United Kingdom for

12 months. The Government stated that if the applicant wishes to

remain in the United Kingdom after the expiry of that period it is

open to him to apply for further leave. On 9 August 1988 the

applicant's representatives informed the Commission that the applicant

now wishes to withdraw his case.

REASONS FOR THE DECISION

The Commission notes that the applicant's complaint has been

resolved by the leave granted to him to remain in the United Kingdom.

The Commission considers that there are no reasons of a general

character affecting the observance of the Convention which necessitate

the further retention of this case. The Commission, therefore,

accedes to the applicant's request to withdraw his 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)