CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 8 juin 1990

.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. 15934/89 by M.N. against the United Kingdom             The European Commission of Human Rights sitting in private on 8 June 1990, the following members being present:                   MM.   C.A. NØRGAARD, President                      E. BUSUTTIL                      G. JÖRUNDSSON                      A.S. GÖZÜBÜYÜK                      A. WEITZEL                      J.C. SOYER                      H. DANELIUS                 Sir   Basil HALL                 MM.   F. MARTINEZ                      C.L. ROZAKIS                 Mrs.   J. LIDDY                 MM.   L. LOUCAIDES                      J.C. GEUS                   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 21 December 1989 by M.N. against the United Kingdom and registered on 22 December 1989 under file No. 15934/89;           Having regard to:        -   reports provided for in Rule 40 of the Rules of Procedure of         the Commission;        -   the President's decision of 22 December 1989 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 respondent Government on         3 April 1990;        -   the response of the applicant on 3 April and 11 May 1990;           Having deliberated;           Decides as follows:   THE FACTS           The applicant is a citizen of Zaire, born in 1958.   At the time of lodging his application he was detained in Latchmere Detention Centre awaiting removal to Zaire.   He is represented before the Commission by Ms. Louise Christian, Solicitor, Messrs. Christian Fisher & Co., London.           The applicant complained to the Commission that he would be the victim of a violation of Article 3 of the Convention if he were removed to Zaire.   He claimed to have been severely tortured in the recent past in that country and that he was a genuine political refugee who had a well-founded fear of persecution if returned as he would be likely to be detained and tortured there again.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 21 December 1989 and registered the next day.   On 22 December 1989 the President of the Commission, after examining the question of the admissibility of the application, decided, in accordance with Rules 28 para. 3 and 42 para. 2 (b) of the Rules of Procedure, that notice should be given to the respondent Government of the application and that it should be invited to submit written observations on admissibility and merits.   The Government informed the Commission by letter of 3 April 1990 that the applicant's case had been reconsidered and that he had been granted exceptional leave to remain in the United Kingdom.   This same information was provided by the applicant's representatives in a letter also dated 3 April 1990.   On 11 May 1990 the applicant's representatives informed the Commission that the applicant no longer wished to pursue an application to the Commission.   REASONS FOR THE DECISION           The Commission notes that the applicant has now been allowed to remain in the United Kingdom and that he 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)