S. v. the United Kingdom



Application No. 9731/82

by Norma SOMERA

against the United Kingdom

The European Commission of Human Rights sitting in private

on 4 March 1987, the following members being present:

MM. C. A. NØRGAARD, President

G. SPERDUTI

J. A. FROWEIN

G. JÖRUNDSSON

S. TRECHSEL

B. KIERNAN

A. S. GÖZÜBÜYÜK

A. WEITZEL

J. C. SOYER

H. G. SCHERMERS

H. DANELIUS

H. VANDENBERGHE

F. MARTINEZ

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 11 March 1982

by Norma SOMERA against the United Kingdom and registered on

15 March 1982 under file N° 9731/82;

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 applicant is a citizen of the Philippines where she was

born in 1944. Her parents were also born in the Philippines. She

acquired lawful settled status in the United Kingdom in July 1980,

having worked there since June 1976.

She is represented before the Commission by Mr Flynn of the

North Islington Law Centre.

The applicant originally complained to the Commission of the

refusal by immigration authorities to grant entry clearance to her

husband, also a citizen of the Philippines, to enable him to join her

in the United Kingdom. The applicant invoked Articles 3, 8 and 14 of

the Convention.

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 (28.5.85) of the European Court of Human Rights in

the test case of Mmes Abdulaziz, Cabales and Balkandali v. the United

Kingdom, the respondent Government reviewed the applicant's case. On

14 February 1986 the Government informed the Commission that the

applicant's husband was to receive entry clearance for admission as a

husband from the British Embassy in Manila. In early January 1987 the

parties reached agreement as to the applicant's legal costs and on

27 January 1987 the applicant's representatives informed the

Commission that the applicant considered her claims settled and

requested the withdrawal of her case.

REASONS FOR THE DECISION

The Commission notes that the applicant's complaint has been

resolved by the grant of entry clearance to her husband to join her in

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)