Zarrabi v. the United Kingdom



Application No. 14458/88

by Parviz ZARRABI

against the United Kingdom

The European Commission of Human Rights sitting in private on

7 September 1989, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

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 2 December

1988 by Parviz ZARRABI against the United Kingdom and registered on

9 December 1988 under file No. 14458/88;

Having regard to:

- reports provided for in Rule 40 of the Rules of Procedure

of the Commission;

- the Commission's decision of 16 December 1988 to bring

the application to the notice of the respondent Government

and invite them to submit written observations on its

admissibility and merits;

- the observations submitted by the respondent Government on

15 February 1989 to which the applicant replied on

17 April 1989;

- the information provided by the Government on 14 April 1989;

- the information provided by the applicant's representative on

28 June 1989;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Iran, born in 1949, and resident

in the United Kingdom since May 1977 where he has close relatives. He

was at first represented before the Commission by Miss C. Parker,

barrister, instructed by the North Kensington Law Centre.

The applicant originally complained to the Commission of the

decision by British immigration authorities to deport him to Iran

because of drug convictions. However, after a review of his case, the

Government revoked the deportation order in view of the current

situation in Iran.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 2 December 1988 and

registered on 9 December 1988. After a preliminary examination of the

case by the Rapporteur, the Commission decided to give notice of the

application to the respondent Government, pursuant to Rule 42 para. 2

(b) of the Rules of Procedure, and to invite them to submit their

observations on the admissibility and merits of the application.

These observations were submitted on 15 February 1989, to which the

applicant replied on 17 April 1989. However on 14 April 1989 the

Government informed the Commission that the Home Secretary had made a

further review of the applicant's case and, in view of the current

situation in Iran, had decided to revoke the deportation order against

the applicant. The applicant has failed to inform the Commission

whether he wishes to pursue or withdraw the application in view of

this development. On 28 June 1989 the applicant's representative

informed the Commission that she no longer acted on his behalf and

advised the Commission's Secretariat to contact the applicant

directly. The applicant did not reply to a registered letter dated

26 July 1989 from the Secretariat requesting confirmation of the

applicant's withdrawal or continuation of the application.

REASONS FOR THE DECISION

The Commission notes that the applicant no longer risks

deportation from the United Kingdom to Iran and that he has failed to

inform his representative or the Commission whether he still wishes to

pursue his application. In these circumstances, the Commission

concludes that the applicant has lost interest in his case. Moreover,

it finds no reasons of a general character affecting the observance of

the Convention which require the 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)