D. v. the UNITED KINGDOM



Application No. 15867/89

by Y.D.

against the United Kingdom

The European Commission of Human Rights sitting in private on

7 May 1990, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

E. BUSUTTIL

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

MM. F. MARTINEZ

C.L. ROZAKIS

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 24 November

1989 by Y.D. against the United Kingdom and registered on

8 December 1989 under file No. 15867/89;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Ghana resident in Leicester,

England. He is represented before the Commission by Vereena Jones of

the Leicester Rights Centre.

He complained to the Commission about a deportation order made

against him after his marriage to a British citizen broke down. He

claimed that if he were deported his close relationship with his two

children of the marriage would be damaged, contrary to Article 8 of

the Convention. He also invoked Article 6 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 24 November 1989 and

registered on 8 December 1989. In the letter of introduction the

applicant's representatives requested the Commission to indicate to

the respondent Government that a stay of the applicant's deportation

would be a desirable measure in the interests of the parties or the

proper conduct of the Commission's proceedings, pursuant to Rule 36

of the Rules of Procedure. However, the Commission decided on

15 December 1989 not to make such an indication in the light of the

circumstances of the case. In the meantime the applicant was invited

to submit a fuller application.

On 21 March 1990 the applicant's representatives informed the

Commission that the respondent Government had decided to allow the

applicant to remain in the United Kingdom and that it was, therefore,

no longer proposed to pursue an application to the Commission on his

behalf.

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 children 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) and

(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 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)