CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 6 juillet 1993

.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. 20616/92                       by James Thomas and Akberet DANIELS                       against Denmark           The European Commission of Human Rights sitting in private on 6 July 1993, the following members being present:              MM.    S. TRECHSEL, Acting President                  C.A. NØRGAARD                  A. WEITZEL                  F. ERMACORA                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  J.-C. SOYER                  H.G. SCHERMERS                  H. DANELIUS            Mrs.   G.H. THUNE            Sir    Basil HALL            MM.    F. MARTINEZ                  C.L. ROZAKIS            Mrs.   J. LIDDY            MM.    L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  G.B. REFFI                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI              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 25 August 1992 by James Thomas and Akberet DANIELS against Denmark and registered on 11 September 1992 under file No. 20616/92;         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 first applicant is a British citizen, born in 1957. He resides in Denmark where he is at present detained pending trial. The second applicant is an Ethiopian citizen who came to Denmark in 1991 after having married the first applicant in 1990. Before the Commission they are represented by Mr. Peter Petersen, a lawyer practising at Randers, Denmark.         The applicants complain of the Danish authorities' intention to expel the second applicant from Denmark. They claim that such an expulsion would, in the circumstances, amount to an unjustifiable interference with their family life.     PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 25 August 1992 and registered on 11 September 1992.         On 11 September 1992 the Commission rejected the applicants' request for the application of Rule 36 of its Rules of Procedure but decided, pursuant to Rule 48 para. 2 (a) of the Rules of Procedure, to request the respondent Government to submit information as to the applicants' situation in Denmark.         This information was submitted by the Government on 22 September 1992 and the applicants' comments were submitted on 6 October 1992.         On 21 October 1992 the applicants were requested to submit information as to the further developments in the case. They did not reply. The reminders sent to them on 19 February 1993 and 26 April 1993 (registered mail) remained unanswered.         By letter of 1 June 1993 the respondent Government informed the Commission that both applicants now have permanent residence permits in Denmark.     REASONS FOR THE DECISION         Having regard to   Article 30 paras. 1 (a) and (b) of the Convention, the Commission recalls that the applicants have not replied to the Commission's request for further information. It also notes that they now have permanent residence permits in Denmark. In these circumstances the Commission finds that the applicants do not intend to pursue their petition and that the matter has been resolved. Furthermore, it finds no special circumstances regarding respect for human rights as defined in the Convention which require the continuation of the examination of the application.         For these reasons, the Commission, unanimously         DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.   Secretary to the Commission       Acting President of the Commission          (H.C. KRÜGER)                          (S. TRECHSEL)