S. v. the Netherlands



Application No. 13615/88

by S.

against the Netherlands

The European Commission of Human Rights sitting in private

on 19 April 1991, the following members being present:

MM. C.A. NØRGAARD, President

F. ERMACORA

A. WEITZEL

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

Mr. F. MARTINEZ RUIZ

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

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 14 December

1987 by S. against the Netherlands and registered

on 15 February 1988 under file No. 13615/88;

Having regard to the report provided for in Rule 47 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant, born in 1955, is a Nigerian citizen residing at

Sneek in the Netherlands. Before the Commission, he is represented by

Mr. J.C.G. Leijten, a lawyer practising at Leeuwarden, the Netherlands.

The applicant complained that the Dutch authorities had

refused to grant him a residence permit. This constituted an

interference with his right to respect for family life, since he would

no longer be able to exercise the right to see his two children on a

regular basis, which had been granted to him as an auxiliary guardian

upon his divorce in the Netherlands.

In the meanwhile the applicant has been granted permission to

reside in the Netherlands.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 14 December 1987 and

registered on 15 February 1988.

On 8 November 1989 the Commission decided to communicate the

application to the respondent Government and invite them to submit

written observations on the admissibility and the merits of the

complaint under Article 8 of the Convention concerning the right to

respect for family life.

By letter of 14 November 1989 the applicant informed the

Commission that he wished to withdraw the application.

REASONS FOR THE DECISION

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the applicant does not intend to pursue this

petition since he has been granted a residence permit in the

Netherlands. It finds no special circumstances regarding respect for

human rights as defined in the Convention which require examination of

the application to be continued, in accordance with Article 30 para. 1

in fine of the Convention.

For these reasons, the Commission unanimously

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)