K. M. v. the United Kingdom



Application No. 12303/86

by K.M.

against the United Kingdom

The European Commission of Human Rights sitting in private

on 14 May 1987, the following members being present:

MM. C. A. NØRGAARD, President

J. A. FROWEIN

G. TENEKIDES

S. TRECHSEL

B. KIERNAN

A. S. GÖZÜBÜYÜK

A. WEITZEL

J. C. SOYER

H. G. SCHERMERS

H. DANELIUS

G. BATLINER

H. VANDENBERGHE

Mrs G. H. THUNE

Sir Basil HALL

Mr. F. MARTINEZ

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 4 August 1986

by K.M. against the United Kingdom and registered

on 4 August 1986 under file No. 12303/86;

Having regard to:

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

of the Commission;

- the Commission's decision of 6 October 1986 to give notice of

the application to the respondent Government and to invite the

parties to submit their written observations on admissibility

and merits;

- the Government's observations of 23 January 1987;

- the withdrawal of the application by the applicant on 9 April 1987;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Sri Lanka, born in 1953, and a

member of the Tamil minority. He has temporary leave to reside in the

United Kingdom. He is represented before the Commission by

Ms. S. Hulton, Legal Director of Interights, London.

The applicant originally complained to the Commission of the

decision by United Kingdom immigration authorities to deport him for

having unlawfully overstayed previous study leave of entry. He

alleged that he feared persecution in Sri Lanka if returned there, and

invoked Articles 3 and 13 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

On 6 October 1986 the Commission decided, pursuant to Rule 42

para. 2 (b) of its Rules of Procedure, to give notice of the

application to the respondent Government, and to invite the parties to

submit their written observations on the admissibility and merits of

the case. The Government lodged their written observations on

23 January 1987, after two extensions of the time-limit fixed for

their submission had been granted by the President of the Commission.

The applicant failed to reply to those observations and the

applicant's representative was warned by the Secretariat of the

possible consequences of this failure on 13 March 1987.

On 9 April 1987 the applicant's representative informed the

Commission by telephone that the applicant wished to withdraw his

application. This was confirmed by a letter of the same date.

REASONS FOR THE DECISION

The Commission notes that the applicant wishes to withdraw his

application to the Commission. The Commission considers that in the

particular circumstances of this case there are no reasons of a

general character affecting the observance of the Convention which

necessitate the further retention of the application. Accordingly, the

Commission 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)