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R.I., T.L., H.L., NfL., NbL. AND A.L. v. THE UNITED KINGDOM

Doc ref: 22458/93 • ECHR ID: 001-2561

Document date: February 28, 1994

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R.I., T.L., H.L., NfL., NbL. AND A.L. v. THE UNITED KINGDOM

Doc ref: 22458/93 • ECHR ID: 001-2561

Document date: February 28, 1994

Cited paragraphs only

Application No. 22458/93

by R.I., T.L., H.L., NfL.,

NbL. and A.L.

against the United Kingdom

The European Commission of Human Rights sitting in private on

28 February 1994, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

A. WEITZEL

F. ERMACORA

A.S. GÖZÜBÜYÜK

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

M. F. MARTINEZ

Mrs. J. LIDDY

MM. L. LOUCAIDES

M.P. PELLONPÄÄ

B. MARXER

G.B. REFFI

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

E. KONSTANTINOV

D. SVÁBY

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 10 August 1993 by

R.I., T.L., H.L., NfL., NbL. and A.L. against the United Kingdom and

registered on 13 August 1993 under file No. 22458/93;

Having regard to :

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

Commission;

- the information submitted by the respondent Government on

4 November 1993 and the information in reply submitted by the

applicants on 8 December 1993;

Having deliberated;

Decides as follows:

THE FACTS

The first applicant is a citizen of Pakistan, born in 1966. At

the time of lodging the application to the Commission he was detained

awaiting deportation in H.M. Prison, Bedford. The second applicant is

his widowed sister, born in 1961, and a British citizen of Pakistani

origin, resident in Hemel Hempstead, Hertfordshire.

The third, fourth, fifth and sixth applicants are her four young

children, born in 1986, 1987, 1990 and 1991 respectively. They are all

British citizens.

The applicants are represented before the Commission by Messrs.

Winstanley-Burgess, solicitors, London.

The facts of the present case, as submitted by the parties, may

be summarised as follows:

The first applicant went to the United Kingdom in May 1991 as a

visitor. He was allowed to stay on longer to help his sister after the

death of her husband in December 1991 on condition that he did not take

up any employment. In view of financial difficulties faced by the

applicants, he broke this condition and was discovered working

illegally. Deportation proceedings were brought against him as a

result.

COMPLAINTS

The applicants originally complained to the Commission that the

deportation of the first applicant would constitute a breach of their

right to respect for private and family life, contrary to Article 8 of

the Convention, for which they had no effective domestic remedy,

contrary to Article 13 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 10 August 1993 and registered

on 13 August 1993.

On 8 September 1993 the Commission decided, pursuant to Rule 48

para. 2 (b) of its Rules of Procedure, to give notice of the

application to the respondent Government and to invite the parties to

submit written observations on its admissibility and merits.

On 4 November 1993 the Government informed the Commission that

the Secretary of State, whilst not condoning the first applicant's

breach of immigration law, and considering the exceptional

compassionate circumstances of the case, had decided to end the

deportation proceedings. On 8 December 1993 the applicants'

representatives informed the Commission that the first applicant had

been granted one year's leave to remain in the United Kingdom and that,

consequently, the applicants wished to withdraw their application to

the Commission.

REASONS FOR THE DECISION

The Commission notes that the deportation proceedings against the

first applicant have been terminated and that he has been granted one

year's leave to remain in the United Kingdom. Because of this the

applicants wish to withdraw their application to the Commission. The

Commission finds, therefore, not only that the applicants do not intend

to pursue their petition any further, within the meaning of Article 30

para. 1 (a) of the Convention, but also that there are no general

reasons concerning respect for Human Rights which require the continued

examination of the case pursuant to Article 30 para. 1 in fine.

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)

LEXI

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