CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 11 octobre 1988

.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. 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)