CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 14 mai 1987

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  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)