N. v. the UNITED KINGDOM



Application No. 14436/88

by N.

against the United Kingdom

The European Commission of Human Rights sitting in private on

12 January 1991, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H. DANELIUS

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

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 4 October 1988

by N. against the United Kingdom and registered on 5 December 1988

under file No. 14436/88;

Having regard to:

- reports provided for in Rule 47 of the Rules of Procedure

of the Commission;

- the Commission's decision of 6 July 1989 to bring the

application to the notice of the respondent Government

and invite them to submit written observations on its

admissibility and merits;

- the information provided by the respondent Government on

21 November 1989, 26 March and 17 October 1990 and the

response submitted by the applicant on 19 November 1990;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of the United Kingdom, born in 1955

and resident in London. She is represented before the Commission by

Ms. Kate Fitzpatrick of the North Islington Law Centre.

The applicant complained to the Commission that her husband

had been refused exceptional leave to remain in the United Kingdom and

of a deportation order against him. She alleged that the threatened

deportation would constitute a breach of her right to respect for

family life and discrimination. She invoked Articles 3, 8 and 14 of

the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 4 October 1988 and

registered on 5 December 1988. After a preliminary examination of the

case by the Rapporteur, the Commission decided on 6 July 1989 to give

notice of the application to the respondent Government, pursuant to

Rule 42 para. 2 (b) of its Rules of Procedure (former version), and to

invite the parties to submit their written observations on the

admissibility and merits of the application.

On 21 November 1989 the Government informed the Commission

that the Home Secretary had decided to review the case of the

applicant's husband and, on 26 March 1990, they notified the

Commission that the deportation order against him had been revoked.

On 17 October 1990 the Government further informed the Commission that

the husband had received entry clearance to the United Kingdom on

6 July 1990. In response the applicant stated on 19 November 1990

that she wished to withdraw her application.

REASONS FOR THE DECISION

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

allowed to remain in the United Kingdom and that she wishes to

withdraw her application to the Commission. It concludes, therefore,

that the applicant does not intend to pursue further her petition, the

factual basis of which has been resolved, within the meaning of

Article 30 para. 1 (a) and (b) of the Convention. Moreover, the

Commission finds no reasons of a general character affecting respect

for Human Rights, as defined in the Convention, which require the

further examination of the case by virtue of Article 30 para. 1 in

fine of the Convention.

For these reasons, the Commission unanimously

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)