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J. AND R.T. v. THE UNITED KINGDOM

Doc ref: 10570/83 • ECHR ID: 001-521

Document date: October 13, 1986

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J. AND R.T. v. THE UNITED KINGDOM

Doc ref: 10570/83 • ECHR ID: 001-521

Document date: October 13, 1986

Cited paragraphs only

The European Commission of Human Rights sitting in private on

13 October 1986, the following members being present:

MM C.A. NØRGAARD, President

J.A. FROWEIN

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

G. TENEKIDES

S. TRECHSEL

B. KIERNAN

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

J. CAMPINOS

Mrs G.H. THUNE

Sir Basil HALL

Mr F. MARTINEZ

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 26 September 1983 by

J. and R.T. against the United Kingdom and registered

on 29 September 1983 under file No. 10570/83;

Having regard to

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

Commission;

- the Commission's decision of 7 May 1984 to bring the application to

the notice of the respondent Government without requesting the

parties' 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 Government on 8 January and

10 June 1986;

- the information provided by the applicants on 7 July 1986.

Having deliberated;

Decides as follows:

THE FACTS

The applicants are husband and wife, both citizens of the Philippines

and born in 1957. They are represented before the Commission by the

Hackney Law Centre and Messrs Alexander & Partners, Solicitors,

London.

The applicants originally complained to the Commission of the refusal

by British immigration authorities to allow the second applicant to

remain in the United Kingdom. The applicants invoked

Articles 3, 8, 12 and 14 (art. 3, art. 8, art. 12, art. 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

Government reviewed the applicants' case. On 8 January 1986 the

Government informed the Commission that the second applicant had been

granted indefinite leave to remain in the United Kingdom. On 3 March

1986 the applicant's representatives raised the question of legal

costs, which were subsequently agreed by the parties. On 10 June 1986

the Government informed the Commission of the parties' agreement on

the costs which the Government have undertaken to pay and on 7 July

1986 the applicants requested the withdrawal of their case.

REASONS FOR THE DECISION

The Commission notes that the applicants' complaint has now been

resolved by the indefinite leave granted to the second applicant to

remain 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 applicants' request to

withdraw their 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)

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