CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 9 décembre 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. 18100/91 by S.C. against Austria     The European Commission of Human Rights sitting in private on 9 December 1991, the following members being present:   MM.C.A. NØRGAARD, President J.A. FROWEIN S. TRECHSEL F. ERMACORA E. BUSUTTIL G. JÖRUNDSSON A. WEITZEL J.C. SOYER H.G. SCHERMERS H. DANELIUS SirBasil HALL MM.F. MARTINEZ 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 5 April 1991 by S.C. against Austria and registered on 19 April 1991 under file No. 18100/91;   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 facts as submitted by the parties may be summarised as follows.   The applicant is a Sri Lankan citizen of Tamil origin, who was born in 1955.   Currently he resides at Eisenkappel/Carinthia.   Before the Commission he is represented by Mr. H. Jalovetz, a lawyer practising at Villach.   At the end of February 1991 he left Sri Lanka, as he feared persecution, by boat and directly travelled to Yugoslavia.   Later, on 26 March 1991, he entered Austria illegally where he applied for asylum on the grounds that in 1988 he had been arrested in Sri Lanka without any reason, and in 1989 his farm had been occupied by the army, obliging him to leave his house.   On 8 April 1991 the Carinthian Security Directorate (Sicherheitsdirektion) granted a provisional residence permit to the applicant.   By letter of 4 September 1991 the applicant's lawyer informed the Commission that the applicant had been granted an indefinite residence permit.     COMPLAINTS   The applicant complained under Article 3 of the Convention that he would be subjected to inhuman or degrading treatment if he were returned to Sri Lanka.   He feared that he immediately would be expelled to Yugoslavia or Turkey and from there to Sri Lanka.     PROCEEDINGS BEFORE THE COMMISSION   The application was introduced on 5 April 1991 and registered on 19 April 1991.   On 19 April 1991 the Commission decided not to give an indication under Rule 36 of its Rules of Procedure.   The Commission further decided to communicate the application with a request for information to the respondent Government according to Rule 48 para. 2 (a) of the Rules of Procedure.   The Government submitted their information on 13 May 1991, and the applicant replied on 27 May 1991.   By letter of 4 September 1991 the applicant's lawyer informed the Commission that the applicant withdrew his application as he had received a residence permit in the meantime.       Reasons for the decision           The Commission notes that the applicant has withdrawn his application.   It therefore concludes that the applicant does not intend to pursue his petition within the meaning of Article 30, para. 1 (a) of the Convention.   Moreover, the Commission finds that no special circumstances affecting the respect for Human Rights as defined in the Convention require the further examination of the application under 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)