O. v. THE UNITED KINGDOM
Doc ref: 10860/84 • ECHR ID: 001-526
Document date: July 15, 1986
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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 22 February 1984 by O.
against the United Kingdom and registered on 20 March 1984 under file
No. 10860/84;
Having regard to
- reports provided for in Rule 40 of the Rules of Procedure of the
Commission;
- the Commission's decision of 2 October 1984 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 respondent Government on 8 January
and 10 June 1986;
- the information provided by the applicants on 6 March and
19 June 1986;
Having deliberated;
Decides as follows:
THE FACTS
The three applicants are citizens of Colombia, the first applicant,
the husband, being born in 1935, the second applicant, the wife, being
born in 1946 and the third applicant, their daughter, being born in
1973. They reside in London and are represented before the Commission
by Messrs Fisher, Meredith & Partners, Solicitors, London.
The applicants originally complained to the Commission of the refusal
of British immigration authorities to allow the first applicant to
remain in the United Kingdom. The applicants invoked Articles 8, 13
and 14 (art. 8, art. 13, 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 applicants' case. On
8 January 1986 the Government informed the Commission that it had
decided to grant the first applicant twelve months' leave to remain in
the United Kingdom (renewable indefinitely). On 6 March 1986 the
applicants stated that they would request the withdrawal of the case
if legal costs were met. On 10 June 1986 the respondent Government
undertook to meet the applicants' legal costs claim, upon which, on
19 June 1986, the appliants confirmed their request to withdraw the
application.
REASONS FOR THE DECISION
The Commission notes that the applicants' complaint has now been
resolved by the leave granted to the first applicant to remain with
the other applicants 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)