The European Commission of Human Rights sitting in private on
13 October 1986, the following members being present:
MM C.A. NØRGAARD, President
J.A. FROWEIN
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
G. TENEKIDES
S. TRECHSEL
B. KIERNAN
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
J. CAMPINOS
Mrs G.H. THUNE
Sir Basil HALL
Mr F. MARTINEZ
Mr H.C. KRÜGER, Secretary to the Commission
Having regard to Article 25 (art. 25) of the Convention for the
Protection of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 10 September 1983 by
H.R. against the United Kingdom and registered on
19 September 1983 under file No. 10558/83;
Having regard to
- reports provided for in Rule 40 of the Rules of Procedure of the
Commission;
- the Commission's decision of 14 May 1984 to bring the application to
the notice of the respondent Government without requesting the
parties' observations at that stage pending the outcome of the test
case of Mmes Abdulaziz, Cabales and Balkandali v. the United Kingdom;
- the information provided by the Government on 8 January 1986;
- the applicant's failure to keep the Commission informed of her
intentions regarding the present application;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a British Overseas Citizen, born in 1943, who is
lawfully settled in the United Kingdom. She is represented before the
Commission by the Joint Council for the Welfare of Immigrants, London.
The applicant originally complained to the Commission of the refusal
by the British immigration authorities to grant entry clearance to her
East African Asian husband to allow him to join her in the United
Kingdom. She had invoked Articles 3, 8 and 14 (art. 3, art. 8, art.14)
of the Convention.
Following the communication of the application to the respondent
Government, pursuant to Rule 42 para. 2 (b) of the Commission's Rules
of Procedure, and the Commission's Report (12.5.83) and the judgment
(28.5.85) of the European Court of Human Rights in the test case of
Mmes Abdulaziz, Cabales and Balkandali v. the United Kingdom, the
Government reviewed the applicant's case. On 8 January 1986 the
Government informed the Commission that the applicant's husband has
been granted twelve months' leave to remain in the United Kingdom
(renewable indefinitely) as he had by then apparently been admitted to
the country on a temporary basis.
The applicant's representatives were then asked whether, in view of
this development, the applicant wished to maintain her application to
the Commission. No reply has been received to this inquiry, despite
reminders.
REASONS FOR THE DECISION
The Commission notes that the applicant's complaint has been resolved
by the leave granted to her husband to remain in the United Kingdom
and that the applicant has not kept the Commission informed, through
her legal representatives, of her intentions regarding her case. In
these circumstances, the Commission finds that the applicant has lost
interest in her application, and that there are no reasons of a
general character affecting the observance of the Convention which
require its further examination.
For these reasons, the Commission
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)