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R. v. THE UNITED KINGDOM

Doc ref: 11009/84 • ECHR ID: 001-533

Document date: July 15, 1986

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Cited paragraphs: 0
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R. v. THE UNITED KINGDOM

Doc ref: 11009/84 • ECHR ID: 001-533

Document date: July 15, 1986

Cited paragraphs only

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 18 April 1984 by Jose,

A. and B.R., A. and G.F. against the

United Kingdom and registered on 20 June 1984 under file No. 11009/84;

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 respondent Government on 14 February

and 10 June 1986;

- the information provided by the applicants on 18 February and

11 June 1986;

Having deliberated;

Decides as follows:

THE FACTS

The applicants are all citizens of Portugal residing in London. The

first applicant (the husband) was born in 1956, the second applicant

(the wife) in 1963, the third applicant (the son) in 1983, the fourth

applicant (the grandmother) in 1945 and the date of birth of the fifth

applicant is unknown.

They 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 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 (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 14 February

1986 the Government informed the Commission that the first applicant

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

(renewable indefinitely). On 18 February 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 11 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)

LEXI

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