FOURTH SECTION

DECISION

Application no . 4487/12 Lynda Erdoo ABU and others against the United Kingdom

The European Court of Human Rights (Fourth Section) , sitting on 15 January 2013 as a Committee composed of:

David Thór Björgvinsson , President , Vincent A. D e Gaetano , Krzysztof Wojtyczek , judges , and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 13 January 2012 ,

Having regard to the correspondence between the parties dated 12 October 2012 , 17 October 2012 , 31 October 2012 and 3 December 2012 ,

Having deliberated , decides as follows:

FACTS AND PROCEDURE

The first applicant , Ms Lynda Abu , is a Nigerian national , who was born in 1988 and lived in London . The second and third applicants , Martha Akiga and Felix Akiga , are a married couple and were born in 1964 and 1967 respectively. The fourth , fifth , sixth , seventh and eighth applicants are the children of the second and third applicants and were born in 1992 , 1994 , 1995 , 2002 and 2006 respectively. The second to eighth applicants are all British nationals.

The first applicant arrived in the United Kingdom on 11 March 2002 on a medical visit visa valid until 6 September 2002. She moved in with the second and third applicants and their family , and has lived in their household as part of the family ever since. She has considered the second and third applicants to be her parents and the fourth to eighth applicants to be her siblings since her arrival in the United Kingdom . All of the applicants consider the first applicant to be another member of their family.

All of the applicants were represented before the Court by Mr A. Faluyi , counsel practising with Corban Solicitors in London . The United Kingdom Government (“the Government”) were represented by their Agent , Ms J. Neenan of the Foreign and Commonwealth Office.

The applicants complained under Article 8 of the Convention that the first applicant ’ s removal from the United Kingdom to Nigeria would be a disproportionate interference with their rights to family and private life in the United Kingdom .

On 11 May 2012 , the Acting President of the Fourth Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1) and to grant priority to the application (Rule 41 of the Rules of Court)

By letter dated 12 October 2012 , the Government informed the Court that they would be prepared to reach a friendly settlement of the application on the basis that the United Kingdom Border Agency would grant the first applicant leave to remain in the United Kingdom for a period of thirty months and they would make a payment of GBP 500 (five hundred pounds sterling) to her , as a gesture of good will , in full and final settlement of her claims.

By letter dated 17 October 2012 , the applicants confirmed that they would accept the Government ’ s proposals if the grant of leave to remain in the United Kingdo m was completed within 30 days.

By letter dated 31 October 2012 , the Government confirmed that they accepted the applicants ’ further proposals. By letter dated 3 December 2012 , the first applicant confirmed that she had been granted leave to remain in the United Kingdom for a period of thirty months.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the matter has been resolved and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application. In view of the above , it is appropriate to strike the case out of the list.

For these reasons , the Court unanimously

Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (b) of the Convention.

Fatoş Aracı David Thór Björgvinsson Deputy Registrar President