H. v. THE UNITED KINGDOM
Doc ref: 11016/84 • ECHR ID: 001-534
Document date: May 13, 1986
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The European Commission of Human Rights sitting in private
on 13 May 1986, the following members being present:
MM. C.A. NØRGAARD, President
G. SPERDUTI
J.A. FROWEIN
F. ERMACORA
G. JÖRUNDSSON
G. TENEKIDES
S. TRECHSEL
B. KIERNAN
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
Mrs G.H. THUNE
Sir Basil HALL
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 (art. 25);
Having regard to the application introduced on 22 May 1984 by
A.H. against the United Kingdom and registered on
14 June 1984 under file No. 11016/84;
Having regard to
- reports provided for in Rule 40 of the Rules of Procedure of the
Commission;
- the Commission's decision of 3 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 Government on 8 January 1986;
- the information provided by the applicant's representatives
on 7 February 1986;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of Colombia, born in 1952 and lawfully
settled in the United Kingdom. She is represented before the
Commission by the Paddington Advice and Law Centre.
The applicant originally complained of the refusal by British
Immigration authorities to allow her Spanish husband to remain with
her in the United Kingdom. She invoked Articles 3, 8, 13 and 14 of
the Convention (art. 3, art. 8, art. 13, art. 14).
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 8 January
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 7 February 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 necessitates 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)