Application No. 14344/88
by J. G.-A.
against the United Kingdom
The European Commission of Human Rights sitting in private on
14 December 1989, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
H. VANDENBERGHE
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
Mr. L. LOUCAIDES
Mr. J. RAYMOND, Deputy Secretary to the Commission
Having regard to Article 25 of the Convention for the
Protection of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 23 June 1988 by
J. G.-A. against the United Kingdom and registered on 25 October 1988
under file No. 14344/88;
Having regard to:
- reports provided for in Rule 40 of the Rules of Procedure of
the Commission;
- the Commission's decision of 6 July 1989 to bring the
application to the notice of the respondent Government
and invite them to submit written observations on its
admissibility and merits;
- the information submitted by the respondent Government
on 16 October 1989 and the reply submitted by the
applicant on 15 November 1989;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of Ghana, born in 1938 and resident
in London. She is represented before the Commission by Mrs. Jaqueline
Bhabha of the North Islington Law Centre.
The applicant originally complained to the Commission of a
breach of Article 8 of the Convention, in conjunction with Article 14,
because her Ghanaian husband was refused leave to remain in the United
Kingdom with her. She alleged sexual discrimination under section
1(5) of the Immigration Act 1971 (since repealed), which bestowed upon
male commonwealth citizens, settled like her in the United Kingdom
prior to 1 January 1973, a right to be joined by their wives and
children.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 23 June 1988 and registered
on 25 October 1988. After a preliminary examination of the case by
the Rapporteur, the Commission considered the admissibility of the
application on 6 July 1989. It decided to give notice of the
application to the respondent Government and to invite the parties to
submit their written observations on the admissibility and merits of
the application, pursuant to Rule 42 para. 2 (b) of the Rules of
Procedure.
On 16 October 1989 the Agent of the respondent Government
informed the Commission that on 12 July 1989 the applicant's husband
was granted leave to remain in the United Kingdom for 12 months on a
probationary basis. He will be eligible to apply for indefinite leave
to remain in July 1990 provided that his marriage to the applicant
persists. In response to this development the applicant's
representative informed the Commission on 15 November 1989 that the
applicant wished to withdraw her application to the Commission.
REASONS FOR THE DECISION
The Commission notes that the applicant's husband has been
allowed to remain in the United Kingdom and that the relevant part of
the legislation of which the applicant complained has been repealed.
In these circumstances the Commission finds that the factual basis of
the application has been resolved and that there are no reasons of
general interest affecting the observance of the Convention which
require the retention of the case. Accordingly, the Commission
accedes to the applicant's request to withdraw her application.
For these reasons, the Commission
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Deputy Secretary to the Commission President of the Commission
(J. RAYMOND) (C.A. NØRGAARD)
Full & Egal Universal Law Academy