CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 13 juillet 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. 13905/88                       by Per Werner OLSEN                       against Sweden             The European Commission of Human Rights sitting in private on 13 July 1990, the following members being present:                 MM. J.A. FROWEIN, Acting President                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS              Mrs.   G. H. THUNE              Sir   Basil HALL              Mrs.   J. LIDDY              MM.   L. LOUCAIDES                   J.-C. GEUS                   A.V. ALMEIDA RIBEIRO                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 22 March 1988 by Per Werner OLSEN against Sweden and registered on 2 June 1988 under file No. 13905/88;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having regard to the Government's written observations of 14 November 1989 and 18 May 1990;           Having deliberated;           Decides as follows:   THE FACTS           The facts of the case, as submitted by the parties, may be summarised as follows:           The applicant is a Swedish citizen, born in 1948 and residing in Kristinehamn.           On 17 December 1985 the applicant started corresponding with a Polish woman living in Poland.   He went to Poland to visit her on 21 December 1986 and stayed with her for a couple of weeks.   She then visited the applicant for a month in Sweden in April-May 1987.   The applicant went to Poland again on 19 June 1987 and on 3 July 1987 he married the woman.   He stayed for another week in Poland and then went back to Sweden.           On 16 September 1987 the applicant's wife obtained an exit visa in Poland.   She made a request for a Swedish visa and residence permit, so that she could join the applicant in Sweden together with her daughter.   Her request was rejected by the Swedish Immigration Board (statens invandrarverk) on 26 November 1987 on the ground that her relationship with the applicant was not sufficiently established.           In a letter to the Board of 17 December 1987 the applicant complained about the decision.   By a letter of 11 February 1988 the Immigration Board answered the applicant that no appeal lay against its refusal of a residence permit and that his letter would not lead to a re-examination of the case.   The Board indicated that its decision was based on the length of the applicant's relationship with his wife and on how long they had lived together.   The Board had also assessed how stable the relationship between the applicant and his wife was in other respects.   This assessment was based on their own statements.   The Board informed the applicant that his wife could make a new request for a residence permit at a later date.           On 2 June 1988 the applicant's wife was granted a permit to stay in Sweden from 2 June 1988 to 2 December 1988.   This permit was prolonged on 29 November 1989 and on 29 May 1989.           On 25 April 1990 the applicant's wife was granted a permanent residence permit in Sweden.   COMPLAINTS           The applicant complained of an interference with his right to found a family.   He maintained that the refusal to let his wife come to Sweden reduced their possibilities to have children as they are both over 40 years old.   He invoked Article 12 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 22 March 1988 and registered on 2 June 1988.           On 12 July 1989 the Commission decided to communicate the application to the respondent Government and invite them to submit written observations on the admissibility and merits of the application.           The Government's observations were received by letter dated 14 November 1989.           The applicant was invited to submit, before 8 January 1990, any written observations in reply.   No reply was received.   Two further letters to the applicant dated 1 February and 16 March 1990 remained unanswered.           On 18 May 1990 the Government informed the Commission that the applicant's wife had received a permanent residence permit in Sweden on 25 April 1990.   REASONS FOR THE DECISION           The Commission notes that the applicant's wife has now received a permanent residence permit in Sweden and that the applicant has not replied to communications from the Commission's Secretary.   In these circumstances the Commission finds that the applicant does not intend to pursue his application before the Commission within the meaning of Article 30 para. 1 (a) of the Convention.           It further considers that the respect for Human Rights as defined in the Convention does not require that the Commission continue its examination.           It follows that the application should be struck off the list of cases pursuant to Article 30 para. 1 of the Convention.           For these reasons, the Commission           DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES     Secretary to the Commission            Acting President of the Commission             (H.C. KRÜGER)                             (J.A. FROWEIN)