Emhazion v. Sweden

 Application No. 17751/91

by Tesfai EMHAZION

against Sweden

The European Commission of Human Rights sitting in private

on 27 May 1991, the following members being present:

Present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

Sir Basil HALL

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

B. MARXER

Mr. K. ROGGE, Deputy to the 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 18 January 1991

by Tesfai EMHAZION against Sweden and registered on 4 February 1991

under file No. 17751/91;

Having regard to:

- the report provided for in Rule 47 of the Rules of Procedure

of the Commission;

- the applicant's letter of 3 April 1991;

Having deliberated;

Decides as follows:

THE FACTS

The facts of the case, as they have been submitted by the

applicant, may be summarised as follows.

The applicant is a Swedish citizen of Ethiopian origin born in

1968 He is a student resident in Stockholm. Before the Commission

he is represented by Mr. Jan Axelsson, a lawyer practising in

Stockholm.

The applicant is a political refugee from Eritrea. In 1982 he

fled to Sweden, where he was granted asylum. Since then he has been

living in Sweden and has acquired Swedish citizenship.

In April 1990, in Sudan, the applicant contracted marriage

with Mrs. Lemlem Bahta Negash, a woman of Eritrean descent living as a

refugee in Sudan. On 27 November 1990 the Swedish Immigration Board

(statens invandrarverk) rejected her request for a residence and work

permit, stating that her relationship with the applicant was not

sufficiently established.

The applicant has submitted a copy of a marriage certificate

issued by the Registrar of Marriages of Sudan on 22 May 1990. It is

not possible for the family to settle in Sudan and, as political

refugees, they cannot go back to Ethiopia. His wife is living in

insecure and difficult conditions in Sudan.

COMPLAINTS

1 The applicant complained that he was prevented from living with

his wife. He alleged a violation of Article 8 of the Convention.

2 The applicant further complained that there was no remedy before

a Swedish authority against the decision by the Immigration Board. He

invoked Article 13 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 18 January 1991 and

registered on 4 February 1991.

By letter of 3 April 1991 the applicant informed the

Commission that on 4 March 1991 his wife had been granted a visa. He

further stated that he wished to withdraw his application.

REASONS FOR THE DECISION

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

Commission notes that the applicant wishes to withdraw his application

since his wife has been granted a visa. In these circumstances the

Commission concludes that the matter has been resolved. It further

considers that no special circumstances affecting the respect for

Human Rights as defined in the Convention require the further

examination of the application under 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.

Deputy to the Secretary President of the

to the Commission Commission

(K. ROGGE) (C.A. NØRGAARD)