Saleh v. the United Kingdom



AS TO THE ADMISSIBILITY

Application No. 10596/83

by Hafiza SALEH

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 Hafiza SALEH against the United Kingdom and registered on

18 October 1983 under file No. 10596/83;

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

16 April 1986;

- the information provided by the applicant's representatives

on 28 August 1986 and 5 October 1987;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of India, born in 1956 and lawfully

settled in the United Kingdom since 1979. 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 18 October 1983.

Following 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 16 April

1986 the Government informed the Commission that they wished to

resolve favourably the immigration/discrimination cases before the

Commission, depending on the individual circumstances of each case.

To this end the applicant's fiancé was requested to make a fresh

application for entry clearance setting out his current circumstances.

The Deputy High Commissioner in Bombay wrote to the fiancé inviting him

to attend for an early interview, priority being given to his case.

However, no such application was received from the fiancé and on 28

August 1986 the applicant's representatives informed the Commission

that he would not be reapplying for entry clearance. They also raised

the question of the applicant's legal costs being settled by the

Government. 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 fiancé no longer

seeks entry into the United Kingdom. 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)