M. v. the United Kingdom



Application No. 13519/88

by S.K. M.

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 November 1987

by S.K. M. against the United Kingdom and registered on 13 January 1988

under file No. 13519/88;

Having regard to:

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

the Commission;

- the Commission's decision of 14 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 information provided by the Government on 14 April 1989;

- the response of the applicant on 4 July 1989;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a British citizen, born in 1961 in

Bangladesh, and she resides in Luton, Bedfordshire, in the United

Kingdom. In the proceedings before the Commission she is represented

by Messrs. Hafiz and Co., Solicitors, London.

The applicant has been married to a Bangladeshi citizen for

nine years. She originally complained to the Commission of the

refusal of British immigration authorities to grant entry clearance to

her husband for him to join her and their two children in the United

Kingdom. However, after a review of his case, the Government granted

the husband leave to enter the United Kingdom.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 2 November 1987 and

registered on 13 January 1988. After a preliminary examination of the

case by the Rapporteur, the Commission considered the admissibility of

the application on 14 December 1988. It 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.

However, on 14 April 1989 the Government informed the Commission that

a further review of the applicant's case had been made and that the

Home Secretary had decided to grant the applicant's husband leave to

enter the United Kingdom. In response to this decision, the applicant

informed the Commission on 4 July 1989 that she wished to withdraw the

case.

REASONS FOR THE DECISION

The Commission notes that the applicant's husband has been

granted entry clearance to join his family in the United Kingdom. It

finds no reasons of a general character affecting the observance of

the Convention which require the further examination of this case.

Accordingly it accedes to the applicant's request to withdraw her

application to the Commission.

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)