FOURTH SECTION

DECISION

Application no . 18815/11 Farzand ALI against the United Kingdom

The European Court of Human Rights (Fourth Section) , sitting on 4 December 2012 as a C ommittee composed of:

Päivi Hirvelä , President , Zdravka Kalaydjieva , Paul Mahoney , judges , and Fatoş Aracı , Section Registrar ,

Having regard to the above application lodged on 18 March 2011 ,

Having regard to the formal declarations accepting a friendly settlement of the case ,

Having deliberated , decides as follows:

FACTS AND PROCEDURE

The applicant , Mr Farzand Ali , is a Pakistani national , who was born in 1980 and is currently detained in a hospital in Ealing. He was represented before the Court by Ms Nataliya Burns , a lawyer practising with Lawrence Lupin Solicitors in London . The United Kingdom Government (“the Government”) were represented by their Agent , Ms Y. Ahmed.

The applicant complained under Articles 3 and 8 of the Convention that his deportation to Pakistan would put his life at risk and disproportionately interfere with his right to respect for his private and family life in the United Kingdom .

On 22 August 2011 , the Vice-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).

In a letter dated 19 October 2012 , the Government informed the Court that the deportation order against the applicant had been revoked.

On 30 October 2012 , the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the United Kingdom in respect of the facts giving rise to this application against an undertaking by the Government to pay him GBP 10 , 000 (ten thousand pounds sterling) to cover all legal costs and expenses. This sum will be payable within twenty eight days of the date of the applicant ’ s application to withdraw the case before the Court. In the event of failure to pay this sum within a three-month period , the Government undertook to pay simple interest on it , from the expiry of that period until settlement , at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.

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 39 of the Convention.

Fatoş Aracı Päivi Hirvelä Deputy Registrar President