Janab v. the United Kingdom



AS TO THE ADMISSIBILITY

Application No. 10579/83

by Shahinabanu I. JANAB

against the United Kingdom

The European Commission of Human Rights sitting in private on

9 December 1987, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

B. KIERNAN

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

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 28 July 1983

by Shahinabanu I. JANAB against the United Kingdom and registered

on 30 October 1983 under file No. 10579/83;

Having regard to

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

of the Commission;

- the Commission's decision of 12 October 1985 to bring the

application to the notice of the respondent Government without

requesting written observations at that stage pending the

outcome of the test case of Mmes Abdulaziz, Cabales and

Balkandali v. the United Kingdom;

- the information provided by the respondent Government on

30 October 1986;

- the information provided by the applicant's representatives

on 13 February 1987 and 5 October 1987;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of India, born in 1960 and lawfully

settled in the United Kingdom since 1978. She is represented before

the Commission by Messrs Ramsbottom & Co, solicitors, Blackburn,

Lancashire.

In May 1982 the applicant's Indian fiancé was refused entry

clearance to marry and live with the applicant in the United Kingdom.

The refusal was made by British immigration authorities, pursuant to

paragraph 52 of the Statement of Changes in Immigration Rules HC 394.

COMPLAINTS

The applicant originally complained to the Commission of

sexual discrimination in relation to her rights under Articles 12 and

14 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 28 July 1983 and registered

on 30 October 1983.

Following the communication of the application to the

respondent Government, pursuant to Rule 42 para. 2 (b) of the

Commission's Rules of Procedure, and the Commission's Report (12.5.83)

and the judgment of the European Court of Human Rights in the test

case of Mmes Abdulaziz, Cabales and Balkandali (judgment of 28 May

1985, Series A no. 94), the Government reviewed the applicant's case.

On 30 October 1986 the Government informed the Commission that the

applicant's fiancé had been granted entry clearance on 28 August 1986

and had entered the United Kingdom. On 13 February 1987 the

applicant's representatives informed the Commission that the applicant

would withdraw her case, subject to the payment by the Government of

her legal costs. On 5 October 1987 the applicant's representatives

informed the Commission that legal costs had been agreed with the

Government and that the applicant now wished to withdraw her case

formally.

REASONS FOR THE DECISION

The Commission notes that the applicant's complaint has now

been resolved by the grant of entry clearance to her fiancé. It also

notes the parties' agreement on legal costs. The Commission considers

that there are no reasons of a general character affecting the

observance of the Convention which necessitate the further retention

of this case.

The Commission, therefore, accedes to the applicant's request

to withdraw her application.

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)