CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 1 décembre 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. 19047/91                       by T.T.                       against the Netherlands         The European Commission of Human Rights (Second Chamber) sitting in private on 1 December 1993, the following members being present:              MM.    S. TRECHSEL, President                  H. DANELIUS                  G. JÖRUNDSSON                  J.-C. SOYER                  H.G. SCHERMERS            Mrs.   G.H. THUNE            MM.    F. MARTINEZ                  L. LOUCAIDES                  J.-C. GEUS                  M.A. NOWICKI                  I. CABRAL BARRETO              Mr.    K. ROGGE, Secretary to the Chamber           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 9 September 1991 by T.T. against the Netherlands and registered on 7 November 1991 under file No. 19047/91;         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 applicant is a Moroccan national, born in 1943, and residing at Tanger, Morocco.   He is unemployed.   Before the Commission he is represented by Mr. E.H. Pietersen, a legal adviser practising at Breda, the Netherlands.         The facts of the case, as submitted by the applicant, may be summarised as follows.         On 29 November 1965 the applicant entered the Netherlands and was granted a permanent residence permit (vestigingsvergunning) on 28 February 1973.   On 7 September 1973 his wife and two children were granted a residence permit for family reunification.         In 1975 and 1979 two more children were born to the applicant and his wife.         On 29 August 1980 the single judge in the Rotterdam Regional Court trying criminal cases (politierechter) convicted the applicant in absentia of repeated forgery and sentenced him to 6 weeks' imprisonment.         On 21 December 1983 the Rotterdam Regional Court (Arrondissementsrechtbank) convicted the applicant of drug offences and sentenced him to 2 1/2 years' imprisonment.         As a result, the Deputy Minister of Justice (Staatssecretaris van Justitie), by decision of 6 September 1985, withdrew the applicant's residence permit and declared him an undesirable alien (ongewenst vreemdeling).   On 4 October 1985 the applicant filed a request for review (herzieningsverzoek) against this decision.   The Deputy Minister, following the advice of the Advisory Committee for Aliens Affairs (Adviescommissie voor Vreemdelingenzaken), rejected this request on 31 December 1985.         On 27 January 1986 the applicant appealed to the Judicial Division of the Council of State (Afdeling Rechtspraak van de Raad van State).   He left the Netherlands in 1986.         On 30 November 1987 the Judicial Division rejected the applicant's appeal insofar as it concerned the withdrawal of his permanent residence permit, but quashed the decision by which the applicant had been declared an undesirable alien.   It considered that he should have the opportunity to come and visit his family in the Netherlands on a tourist visa.   Accordingly, by decision of 24 February 1988, the Deputy Minister of Justice reviewed his decision of 6 September 1985 by which the applicant had been declared an undesirable alien.         In Morocco, the applicant unsuccessfully sought to be granted access to the Netherlands for the purpose of family reunification and, alternatively, to be granted a visa for a limited period in order to visit his family.   He appealed to the Judicial Division of the Council of State on 16 June 1989.         On 24 January 1991 the applicant's wife and children applied, on behalf of the applicant, for an authorisation for temporary residence. By decision of 10 April 1991, the Minister of Foreign Affairs (Minister van Buitenlandse Zaken) rejected this request on the basis of the applicant's conviction for drug offences.   He found that this interference with the applicant's right to respect for family life was justified in a democratic society for the economic well-being of the country within the meaning of Article 8 para. 2 of the Convention.         On 7 May 1993, the applicant's representative was invited to indicate whether the Judicial Division of the Council of State had decided on the applicant's appeal of 16 June 1989 and whether an appeal had been filed against the Minister's decision of 10 April 1991.         On 10 June 1993, the time-limit fixed for the submission of this information was extended at the applicant's representative's request.         By telefax of 21 July 1993 the applicant's representative requested a second extension of the time-limit on account of a sudden illness.   This extension was granted.         After expiry of this time-limit, the applicant's representative, by telefax of 2 September 1993, for reasons of health, again requested an extension of the time-limit until mid-November 1993.   He was informed that, if the requested information would be provided before 30 September 1993, it could be taken into account in a report to be presented to the Commission at its forthcoming session.         By letter of 3 November 1993 the applicant's representative was informed that the Commission would proceed with its examination of the case and was warned that, in the circumstances of the case, the Commission could conclude that the applicant does not wish to pursue his application. No reaction to these letters has been received.   COMPLAINT         The applicant complains under Article 8 of the Convention that the Dutch authorities' refusal to grant him a residence permit to live with his family in the Netherlands constitutes an unjustified interference with his right to respect for his family life.   REASONS FOR THE DECISION         The applicant complains about the Dutch authorities' refusal of a residence permit to live with his family in the Netherlands.   He invokes Article 8 of the Convention which guarantees to everyone the right to respect for his family life.         The Commission notes that the applicant has failed to comply with repeated requests to provide information relevant to his application. Having regard to Article 30 para. 1 (a) of the Convention, the Commission considers that the applicant does not intend to pursue the petition.   Furthermore, in accordance with Article 30 para. 1 in fine, 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 Second Chamber        President of the Second Chamber           (K. ROGGE)                            (S. TRECHSEL)