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G.-A. v. THE UNITED KINGDOM

Doc ref: 14344/88 • ECHR ID: 001-1122

Document date: December 14, 1989

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Cited paragraphs: 0
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G.-A. v. THE UNITED KINGDOM

Doc ref: 14344/88 • ECHR ID: 001-1122

Document date: December 14, 1989

Cited paragraphs only

Application No. 14344/88

by J. G.-A.

against the United Kingdom

The European Commission of Human Rights sitting in private on

14 December 1989, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

H. VANDENBERGHE

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

Mr. L. LOUCAIDES

Mr. J. RAYMOND, Deputy Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 23 June 1988 by

J. G.-A. against the United Kingdom and registered on 25 October 1988

under file No. 14344/88;

Having regard to:

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

the Commission;

- the Commission's decision of 6 July 1989 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 submitted by the respondent Government

on 16 October 1989 and the reply submitted by the

applicant on 15 November 1989;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Ghana, born in 1938 and resident

in London. She is represented before the Commission by Mrs. Jaqueline

Bhabha of the North Islington Law Centre.

The applicant originally complained to the Commission of a

breach of Article 8 of the Convention, in conjunction with Article 14,

because her Ghanaian husband was refused leave to remain in the United

Kingdom with her. She alleged sexual discrimination under section

1(5) of the Immigration Act 1971 (since repealed), which bestowed upon

male commonwealth citizens, settled like her in the United Kingdom

prior to 1 January 1973, a right to be joined by their wives and

children.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 23 June 1988 and registered

on 25 October 1988. After a preliminary examination of the case by

the Rapporteur, the Commission considered the admissibility of the

application on 6 July 1989. It decided to give notice of the

application to the respondent Government and to invite the parties to

submit their written observations on the admissibility and merits of

the application, pursuant to Rule 42 para. 2 (b) of the Rules of

Procedure.

On 16 October 1989 the Agent of the respondent Government

informed the Commission that on 12 July 1989 the applicant's husband

was granted leave to remain in the United Kingdom for 12 months on a

probationary basis. He will be eligible to apply for indefinite leave

to remain in July 1990 provided that his marriage to the applicant

persists. In response to this development the applicant's

representative informed the Commission on 15 November 1989 that the

applicant wished to withdraw her application to the Commission.

REASONS FOR THE DECISION

The Commission notes that the applicant's husband has been

allowed to remain in the United Kingdom and that the relevant part of

the legislation of which the applicant complained has been repealed.

In these circumstances the Commission finds that the factual basis of

the application has been resolved and that there are no reasons of

general interest affecting the observance of the Convention which

require the retention of the case. Accordingly, the Commission

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.

Deputy Secretary to the Commission President of the Commission

(J. RAYMOND) (C.A. NØRGAARD)

LEXI

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