S. ; and M. v. the United Kingdom



Application No. 14630/89

by S. and M.

against the United Kingdom

The European Commission of Human Rights sitting in private on

6 May 1989, the following members being present:

MM. J.A. FROWEIN, Acting President

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

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 27 January 1989

by S. and M. against the United Kingdom and registered on

7 February 1989 under file No. 14630/89;

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

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The first applicant is a citizen of Bangladesh, born in 1960

and resident in Leeds, England. He is a muslim minister of religion

and a religious teacher (an imam), working for the second applicant,

an association of Bangladeshi muslims. They are represented before

the Commission by Mr. H. Storey of Messrs. John Howell & Co.,

Solicitors, Sheffield.

The applicants originally complained to the Commission of a

breach of their freedom of religion, ensured by Article 9 of the

Convention, because the first applicant had been refused leave to

remain in the United Kingdom as the imam for the second applicant.

However on 19 April 1989 the applicants' representatives informed the

Commission that the Home Office had reviewed the case and granted the

first applicant 12 months' leave to remain in his capacity as minister

of religion. Accordingly they requested the withdrawal of the

application.

REASONS FOR THE DECISION

The Commission notes that the first applicant has been

granted leave to remain in the United Kingdom and that the factual

basis of the application has thereby been resolved. It finds no

reasons of a general character affecting the observance of the

Convention which require the further examination of the case.

Accordingly it accedes to the applicants' request to withdraw their

application.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission Acting President of the Commission

(H.C. KRÜGER) (J.A. FROWEIN)