CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 2 septembre 1991

.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. 17407/90                       by R.F., D.F., and S.F.                       against the Netherlands             The European Commission of Human Rights sitting in private on 2 September 1991, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   F. ERMACORA                   G. JÖRUNDSSON                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS              Mrs.   G. H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ RUIZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              MM.   L. LOUCAIDES                   J.-C. GEUS                   A.V. ALMEIDA RIBEIRO                   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 1 November 1990 by R.F., D.F., and S.F. against the Netherlands and registered on 7 November 1990 under file No. 17407/90;           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 applicants, three minors born respectively in 1979, 1983 and 1985, have been recognised by their Dutch father on 18 January 1989 and have therefore Dutch nationality.   The applicants reside in Amsterdam, the Netherlands.   Before the Commission they are represented by G. Caarls, a lawyer practising in Amsterdam.           The applicants have always lived with their mother, who is a Surinamese national.   Since December 1989 the applicants and their mother reside in the Netherlands.   The father does not form part of the applicants' family.           The applicants' mother requested a Dutch residence permit for family reunification, which was rejected by the Deputy Minister of Justice on 27 February 1990.   Her request for a reconsideration of this decision was rejected by the Deputy Minister of Justice on 10 August 1990.   On 31 August 1990 the applicants' mother filed an appeal against the decision of 10 August 1990 with the Judicial Division of the Council of State.           The applicants and their mother also requested the President of the Regional Court (Arrondissementsrechtbank) of the Hague in summary proceedings to prohibit the Dutch government from expelling the applicants' mother to Surinam pending the appeal proceedings.   In his judgment of 1 November 1990 the President of the Regional Court rejected the request.   COMPLAINTS           The applicants complained that the expulsion of their mother would constitute a violation of Articles 3 and 8 of the Convention and Article 3 of Protocol No. 4.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 1 November 1990 and registered on 7 November 1990.           On 9 November 1990 the Commission rejected the applicants' request for a ruling under Rule 36 of the Commission's Rules of Procedure.           By letter of 22 May 1991 the applicants' representative informed the Commission that the applicants wished to withdraw their application, as their mother had been allowed to reside in the Netherlands.   REASONS FOR THE DECISION           Having regard to Article 30 para. 1 (a) of the Convention, the Commission notes that the applicants do not intend to pursue this petition since their mother 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)