European Court of Human Rights

FOURTH SECTION

FINAL DECISION

Application no. 51382/09
by Theraviyam PARTHEEPAN
against the United Kingdom

The European Court of Human Rights (Fourth Section), sitting on 11 May 2010 as a Chamber composed of:

Lech Garlicki, President,
Nicolas Bratza,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ledi Bianku,
Mihai Poalelungi, judges,

and Lawrence Early, Section Registrar,

Having regard to the above application lodged on 16 September 2009,

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by Mr Theraviyam Partheepan, a Sri-Lankan national who was born in 1982 and lives in Southall. He was represented before the Court by Patricks Solicitors, a law firm practising in London.

The applicant complained that his proposed removal to Sri Lanka would breach Articles 2, 3, 5, and 14 of the Convention. On 13 November 2009, the Acting President of the Chamber to which the application was allocated decided to apply Rule 39 of the Rules of Court and indicate to the Government of the United Kingdom that the applicant should not be expelled until further notice. On 2 February 2010, the Chamber reconsidered the application and decided to lift the interim measure previously indicated under Rule 39.

On 22 March 2010, the applicant's representatives informed the Court that the applicant wished to withdraw his application before the Court because he had been granted indefinite leave to remain in the United Kingdom.

THE LAW

The Court observes that the applicant no longer intends to pursue his application, subsequent to the grant of indefinite leave to remain in the United Kingdom. In the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (a) of the Convention. It is therefore appropriate to strike the application out of the Court's list of cases.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Lawrence Early Lech Garlicki
Registrar President