CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 1 avril 1992

.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. 15606/89                       by H.B.                       against the Netherlands           The European Commission of Human Rights (Second Chamber) sitting in private on 1 April 1992, the following members being present:                MM.   S. TRECHSEL, President of the Second Chamber                   G. JÖRUNDSSON                   A. WEITZEL                   J.-C. SOYER                   H. G. SCHERMERS                   H. DANELIUS              Mrs. G. H. THUNE              MM.   F. MARTINEZ                   L. LOUCAIDES                   J.-C. GEUS                   A.V. ALMEIDA RIBEIRO                Mr.   K. ROGGE, Secretary to the Second 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 5 October 1989 by H.B. against the Netherlands and registered on 12 October 1989 under file No. 15606/89;         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 Colombian national, born in 1952 and at present residing in Colombia.   At the time of the introduction of the application she was detained in a women's penitentiary in Amsterdam, having been convicted for drug related offences. Before the Commission, she is represented by Mrs. M.D. van Aller, a lawyer practising in Amsterdam, the Netherlands.         The applicant originally complained that the Dutch authorities' refusal of 28 June 1989 to grant her a residence permit to stay with her Dutch fiancé in the Netherlands and the ensuing expulsion amounted to a violation of her right to respect for her family life and her right to marry and found a family as she was expecting a baby.         In the meanwhile the applicant has been expelled to Colombia on 18 October 1989 where she married her Dutch fiancé and lived with him and their child.   It appears that at present they are divorced.     PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 5 October 1989 and registered on 12 October 1989.         On 13 October 1989 the Commission decided not to make an indication under Rule 36 of its Rules of Procedure to the respondent Government.         By letter of 28 January 1992 the applicant's representative informed the Commission that the applicant wishes 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 she is divorced and lives in Colombia.   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 Second Chamber        President of the Second Chamber                   (K. ROGGE)                            (S. TRECHSEL)