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K. v. THE UNITED KINGDOM AND IRELAND

Doc ref: 9839/82 • ECHR ID: 001-632

Document date: March 7, 1985

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Cited paragraphs: 0
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K. v. THE UNITED KINGDOM AND IRELAND

Doc ref: 9839/82 • ECHR ID: 001-632

Document date: March 7, 1985

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 3 June 1982 by

K.K. against the United Kingdom and registered on 8 June 1982 under

file No. 9891/82;

Having regard to

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

Commission;

- the Commission's decision of 13 October 1982 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 1986;

- the applicant's failure to keep the Commission informed of her

intentions regarding the present application;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Pakistan, born in 1953, who is lawfully

settled in the United Kingdom. She is represented before the

Commission by the Joint Council for the Welfare of Immigrants, London.

The applicant originally complained to the Commission of the refusal

by the British immigration authorities to allow her Pakistani husband

to remain with her in the United Kingdom. She had invoked Articles 3,

8, 13 and 14 (art. 3, art. 8, art. 13, 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 applicant's case. On 8 January 1986 the

Government informed the Commission that the applicant's husband has

been granted twelve months' leave to remain in the United Kingdom

(renewable indefinitely).

The applicant's representatives were then asked whether, in view of

this development, the applicant wished to maintain her application to

the Commission. No reply has been received to this inquiry, despite

reminders.

REASONS FOR THE DECISION

The Commission notes that the applicant's complaint has been resolved

by the leave granted to her husband to remain in the United Kingdom

and that the applicant has not kept the Commission informed, through

her legal representatives, of her intentions regarding her case. In

these circumstances, the Commission finds that the applicant has lost

interest in her application, and that there are no reasons of a

general character affecting the observance of the Convention which

require its further examination.

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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