S., R. and N.K. v. THE NETHERLANDS



Application No. 16600/90

by S., R. W. and N.K.

against the Netherlands

The European Commission of Human Rights sitting in private

on 13 July 1990, the following members being present:

MM. J.A. FROWEIN, Acting President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

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

A.V. ALMEIDA RIBEIRO

Mr. J. RAYMOND, Deputy 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 9 May 1990 by

S., R. W. and N.K. against the Netherlands and registered on 16 May

1990 under file No. 16600/90;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

The applicants are a husband and wife and their child, born in

1953, 1962 and 1987 respectively. The husband is an Israeli national

of Palestinian origin and the wife is a Dutch national. They are both

students and the wife also teaches part-time. Before the Commission

they are represented by Mr. L.C. Baars, a lawyer practising in

Schiedam, the Netherlands.

The applicants complained that, following his conviction for

the murder of his first wife in 1982, the first applicant was issued

an exclusion order. He had met the second applicant while waiting for

his appeals against the exclusion order and now he faced a risk of

expulsion to Israel. The applicants submitted that the wife and child

could not be expected to follow the husband to Israel, and his

expulsion would infringe their right to respect for their family

life. They invoked Article 8 of the Convention.

On 18 May 1990 the Commission decided not to make an

indication under Rule 36 of its Rules of Procedure to the respondent

Government, that the first applicant not be expelled pending the

Commission's examination of the case.

By letter of 2 July 1990 the applicants' representative

informed the Commission that the exclusion order against the first

applicant had been revoked and he had been granted a residence

permit. Therefore, the applicants wish to withdraw their application

before the Commission.

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the applicants do not intend to pursue this

petition. It finds no special circumstances regarding respect for

Human Rights as defined in the Convention which require the

continuation of the examination of the application, in accordance with

Article 30 para. 1 in fine of the Convention.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Deputy Secretary to the Commission Acting President of the Commission

(J. RAYMOND) (J.A. FROWEIN)