CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 19 avril 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. 13615/88                       by S.                       against the Netherlands             The European Commission of Human Rights sitting in private on 19 April 1991, the following members being present:                 MM. C.A. NØRGAARD, President                   F. ERMACORA                   A. WEITZEL                   H.G. SCHERMERS                   H. DANELIUS              Mrs.   G. H. THUNE              Sir   Basil HALL              Mr.   F. MARTINEZ RUIZ              Mrs.   J. LIDDY              MM.   L. LOUCAIDES                   J.-C. GEUS                   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 14 December 1987 by S. against the Netherlands and registered on 15 February 1988 under file No. 13615/88;           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, born in 1955, is a Nigerian citizen residing at Sneek in the Netherlands.   Before the Commission, he is represented by Mr.   J.C.G. Leijten, a lawyer practising at Leeuwarden, the Netherlands.           The applicant complained that the Dutch authorities had refused to grant him a residence permit.   This constituted an interference with his right to respect for family life, since he would no longer be able to exercise the right to see his two children on a regular basis, which had been granted to him as an auxiliary guardian upon his divorce in the Netherlands.           In the meanwhile the applicant has been granted permission to reside in the Netherlands.     PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 14 December 1987 and registered on 15 February 1988.           On 8 November 1989 the Commission decided to communicate the application to the respondent Government and invite them to submit written observations on the admissibility and the merits of the complaint under Article 8 of the Convention concerning the right to respect for family life.           By letter of 14 November 1989 the applicant informed the Commission that he wished to withdraw the application.     REASONS FOR THE DECISION           Having regard to Article 30 para. 1 (a) of the Convention, the Commission notes that the applicant does not intend to pursue this petition since he has been granted a residence permit in the Netherlands.   It finds no special circumstances regarding respect for human rights as defined in the Convention which require examination of the application to be continued, in accordance with 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)