CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 7 mai 1990

.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. 15867/89 by Y.D. against the United Kingdom             The European Commission of Human Rights sitting in private on 7 May 1990, the following members being present:                   MM.   C.A. NØRGAARD, President                      S. TRECHSEL                      F. ERMACORA                      E. BUSUTTIL                      G. JÖRUNDSSON                      A.S. GÖZÜBÜYÜK                      A. WEITZEL                      J.C. SOYER                      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 24 November 1989 by Y.D. against the United Kingdom and registered on 8 December 1989 under file No. 15867/89;           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 applicant is a citizen of Ghana resident in Leicester, England.   He is represented before the Commission by Vereena Jones of the Leicester Rights Centre.           He complained to the Commission about a deportation order made against him after his marriage to a British citizen broke down.   He claimed that if he were deported his close relationship with his two children of the marriage would be damaged, contrary to Article 8 of the Convention.   He also invoked Article 6 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 24 November 1989 and registered on 8 December 1989.   In the letter of introduction the applicant's representatives requested the Commission to indicate to the respondent Government that a stay of the applicant's deportation would be a desirable measure in the interests of the parties or the proper conduct of the Commission's proceedings, pursuant to Rule 36 of the Rules of Procedure.   However, the Commission decided on 15 December 1989 not to make such an indication in the light of the circumstances of the case.   In the meantime the applicant was invited to submit a fuller application.           On 21 March 1990 the applicant's representatives informed the Commission that the respondent Government had decided to allow the applicant to remain in the United Kingdom and that it was, therefore, no longer proposed to pursue an application to the Commission on his behalf.   REASONS FOR THE DECISION           The Commission notes that the applicant has now been allowed to remain in the United Kingdom where he can enjoy regular access to his children and that the applicant wishes to withdraw his application to the Commission.   It concludes, therefore, that the applicant does not intend to pursue further his petition, the factual basis of which has been resolved, within the meaning of Article 30 para. 1 (a) and (b) of the Convention.   Moreover, the Commission finds no reasons of a general character affecting respect for Human Rights, as defined in the Convention, which require the further examination of the case by virtue of Article 30 para. 1 in fine of the Convention.           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)