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PEPRAH-BAAWUAH v. THE UNITED KINGDOM

Doc ref: 18768/91 • ECHR ID: 001-1370

Document date: September 2, 1992

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PEPRAH-BAAWUAH v. THE UNITED KINGDOM

Doc ref: 18768/91 • ECHR ID: 001-1370

Document date: September 2, 1992

Cited paragraphs only

FIRST CHAMBER

Application No. 18768/91

by Grace PEPRAH-BAAWUAH

against the United Kingdom

The European Commission of Human Rights (First Chamber) sitting

in private on 2 September 1992, the following members being present:

MM. J.A. FROWEIN, President of the First Chamber

F. ERMACORA

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

Sir Basil HALL

Mr. C.L. ROZAKIS

Mrs. J. LIDDY

MM. M. PELLONPÄÄ

B. MARXER

Mr. M. de SALVIA, Secretary to the First Chamber

assisted by Mrs. S. DOLLE

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 19 July 1991 by

Grace PEPRAH-BAAWUAH against the United Kingdom and registered on

7 September 1991 under file No. 18768/91;

Having regard to:

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

the Commission;

- the Commission's decision of 1 April 1992 to bring the

application to the notice of the respondent Government and invite

them to submit written observations on its admissibility and

merits;

- the information provided by the applicant on 13 May 1992,

confirmed by the Government on 20 May 1992.

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Ghana, born in 1953, who at the

time of lodging her application was living in London.

She is represented before the Commission by Mr. Stephen Cragg,

a Solicitor with the Hackney Law Centre.

The applicant originally complained to the Commission about her

proposed deportation from the United Kingdom as an illegal entrant.

She had lived and worked in the United Kingdom since 1982 and has two

daughters, the first born in 1979 and a citizen of the United States

of America, the second born in 1980 and a citizen of the United

Kingdom. It was proposed to leave the girls behind in State care for

social, educational and health reasons, given difficulties the

applicant would face in Ghana. The applicant invoked Articles 8 and

13 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 19 July 1991 and registered on

7 September 1991. From the outset the applicant requested the

Commission to intervene under Rule 36 of the Rules of Procedure to stay

her removal to Ghana pending its examination of her Article 8/family

life claim. On 9 September 1991 the Commission refused to make the

indication requested in view of the fact that the case raised no issue

under Article 3 of the Convention and was, therefore, not of the kind

where a Rule 36 indication would normally be considered.

After a preliminary examination of the case by the Rapporteur,

the Commission considered the admissibility of the application on

1 April 1992. It decided to give notice of the case to the respondent

Government, pursuant to Article 48 para. 2 (b) of the Rules of

Procedure, and to invite the parties to submit their written

observations on admissibility and merits.

On 13 May 1992 the applicant's representative informed the

Commission that his client had now been granted indefinite leave to

remain in the United Kingdom together with her daughters and that she

wished to withdraw her application. The Government confirmed the grant

of indefinite leave on 20 May 1992.

REASONS FOR THE DECISION

The Commission notes that the applicant's complaint has been

resolved by leave being granted for her to remain indefinitely in the

United Kingdom with her family. It also notes that the applicant no

longer wishes to pursue her application. The Commission considers that

there are no reasons of a general character affecting respect for Human

Rights as defined in the Convention which necessitate the further

retention of this case. It concludes therefore that the requirements

of Article 30 para. 1 of the Convention have been met.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the First Chamber President of the First Chamber

(M. de SALVIA) (J.A. FROWEIN)

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