CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 mars 1989

.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 }                        AS TO THE ADMISSIBILITY OF                         Application No. 14404/88                       by Mekonen TEKESTE                       against Sweden             The European Commission of Human Rights sitting in private on 10 March 1989, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   F. ERMACORA                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   H. DANELIUS                   G. BATLINER                   J. CAMPINOS                   H. VANDENBERGHE              Mrs.   G.H. THUNE              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              Mr.   L. LOUCAIDES                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 28 October 1988 by Mekonen Tekeste against Sweden and registered on 28 November 1988 under file No. 14404/88;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:     THE FACTS           The facts of the case, as submitted by the applicant, may be summarised as follows.           The applicant is a Swedish citizen, born in 1956.   He is resident at Sundbyberg, Sweden.   He is a refugee from Eritrea, Ethiopia.   Before the Commission he is represented by Mr.   Jan Axelsson, a lawyer practising in Stockholm.           On 31 March 1988 the applicant married an Ethiopian citizen in Khartoum, Sudan.   The applicant's wife made a request for a visa to join her husband in Sweden and for a residence and a labour permit. Her request was rejected by the Swedish Immigration Board (statens invandrarverk) on 6 September 1988.   No appeal lay against the Board's decision.   The applicant's wife was living under insecure conditions as a refugee in Sudan.   She had been taken seriously ill.           By letter of 19 January 1989 the applicant's representative informed the Commission that the applicant's wife had been allowed to join her husband in Sweden and that the applicant wished to withdraw his application.     COMPLAINTS           The applicant complained that it was not possible for him and his wife to settle in Sudan and that, as political refugees, they could not go back to their native country, Ethiopia.   He maintained that the only country where it would be feasible for them to live together was Sweden.   He invoked Articles 8 and 12 of the Convention.           The applicant also complained that he had no remedy against the decision of the Swedish Immigration Board refusing his wife's request for a residence and a labour permit.   He invoked Article 13 of the Convention.     REASONS FOR THE DECISION           The Commission notes that the applicant's wife has been allowed to join her husband in Sweden and that the applicant has withdrawn his application.   It finds that there are no reasons of a general character affecting the observance of the Convention which require a further examination of the application.             For these reasons, the Commission             DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES       Secretary to the Commission          President of the Commission           (H. C. KRÜGER)                        (C. A. NØRGAARD)