R. v. the United Kingdom



The European Commission of Human Rights sitting in private on

15 July 1986 the following members being present:

MM C.A. NØRGAARD, President

J.A. FROWEIN

F. ERMACORA

G. TENEKIDES

S. TRECHSEL

B. KIERNAN

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

Mr H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 Art. 25) of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 27 April 1983 by M.

P.R. against the United Kingdom and registered on

3 May 1983 under file No. 10737/83;

Having regard to

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

Commission;

- the Commission's decision of 7 December 1983 to bring the

application to the notice of the respondent Government without

requesting the parties' written observations at that stage pending the

outcome of the cases of Mmes Abdulaziz, Cabales and Balkandali v. the

United Kingdom;

- the information provided by the applicant on 15 November 1985

and 27 May 1986;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Colombia, born in 1952. She was

represented before the Commission by the Paddington Advice and Law

Centre and Ms M. Davidson.

The applicant originally complained to the Commission of the refusal

of British immigration authorities to allow her husband to remain with

her in the United Kingdom. She invoked Articles 3, 8 and 14

Art. 3, art. 8, art. 14) of the Convention.

Following the communication of the application to the respondent

Government, pursuant to Rule 42 (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 had been given twelve months' leave (renewable indefinitely)

to remain in the United Kingdom. On 27 May 1986 the applicant

requested the withdrawal of her application to the Commission.

REASONS FOR THE DECISION

The Commission notes that the applicant's complaint has now been

resolved by the leave granted to the applicant's husband to remain

with her in the United Kingdom. It 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)