Resolution CM/ResDH(2013)258
K.A. and others against the United Kingdom
Execution of the decision of the European Court of Human Rights
Application No.
Case
Date of the decision
63008/11
K.A. AND OTHERS
22/01/2013
(Adopted by the Committee of Ministers on 5 December 2013
at the 1186th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of friendly settlements as they appear in the decisions of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Considering that in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent State and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike this case from its list;
Having satisfied itself that the terms of the friendly settlement were executed by the government of the respondent State (see document DH-DD(2013)1095);
DECLARES that it has exercised its functions under Article 39, paragraph 4, of the Convention and
DECIDES to close its examination.
Execution of Judgments of the European Court of Human Rights
Action Report
KA and others v UK (application No. 63008/11; decision final on 22/01/2013)
Information submitted by the United Kingdom Government on 8 October 2013
Case Summary
The case concerned the proposed expulsion of the applicants, a mother and her three minor children, from the United Kingdom to Pakistan. The applicants complained that their proposed expulsion would be a violation of Articles 2, 3, 8 and 13 of the Convention. On 22 January 2013, the case was struck out of the Court’s list of cases on the basis of a friendly settlement reached between the parties as follows:
“the United Kingdom Border Agency would grant the applicants leave to remain in the United Kingdom outside the immigration rules for a period of thirty months in full and final settlement of their complaints before the Court and confirmed that the applicants may be entitled to a further period of leave at the end of that period if, at that time, they had a protection need or if they met the requirements of the immigration rules in respect of private or family life.”
Individual Measures
The applicants were all granted discretionary leave to remain in the UK on 13 May 2013. Their leave expires on 12 November 2015, upon which they may seek an extension of their stay in the United Kingdom.
General Measures
In light of the individual circumstances of the Court’s decision, the case does not require the adoption of any general measures.
State of execution of decision:
The government considers that it has taken all necessary measures required to execute the terms of the friendly settlement as set out in the Court’s decision.
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