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K.O. AND OTHERS v. THE UNITED KINGDOM

Doc ref: 22225/19 • ECHR ID: 001-216137

Document date: February 3, 2022

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K.O. AND OTHERS v. THE UNITED KINGDOM

Doc ref: 22225/19 • ECHR ID: 001-216137

Document date: February 3, 2022

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 22225/19 K.O. and Others against the United Kingdom

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 3 February 2022 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 18 April 2019,

Having regard to the decision to grant the applicants anonymity under Rule 47 § 4 of the Rules of Court,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr O. Osibona, a lawyer practising in London (Freemans Law LLP).

The applicants’ complaints under Article 8 of the Convention concerning their father’s deportation were communicated to the United Kingdom Government (“the Government”).

The Court received the friendly-settlement declaration, signed by the parties, under which the applicants agreed to waive any further claims against the United Kingdom in respect of the facts giving rise to this application, subject to the following undertaking by the Government:

1. The Government shall revoke the Deportation Order made against the applicants’ father.

2. The Government shall grant the applicants’ father a period of 30 months limited leave to remain in the United Kingdom, commencing from the date of settlement.

3. The Government shall pay the applicants a total sum of 6,000 pounds sterling (GBP) in costs (comprising the sum of GBP 5,000 plus VAT in the sum of GBP 1,000). This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake 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.

4. These terms shall constitute full and final settlement of all claims against the Government relating to this application.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued 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.

Done in English and notified in writing on 24 February 2022.

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 8 of the Convention

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

22225/19

18/04/2019

(4 applicants)

K.O.

2005J.O.

2011B.O.

2009J.N.O.

2013Oluwole Osibona (Freemans Law LLP)

London

30/11/2021

30/11/2021

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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