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 26 September 1983 by
J. and R.T. against the United Kingdom and registered
on 29 September 1983 under file No. 10570/83;
Having regard to
- reports provided for in Rule 40 of the Rules of Procedure of the
Commission;
- the Commission's decision of 7 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 and
10 June 1986;
- the information provided by the applicants on 7 July 1986.
Having deliberated;
Decides as follows:
THE FACTS
The applicants are husband and wife, both citizens of the Philippines
and born in 1957. They are represented before the Commission by the
Hackney Law Centre and Messrs Alexander & Partners, Solicitors,
London.
The applicants originally complained to the Commission of the refusal
by British immigration authorities to allow the second applicant to
remain in the United Kingdom. The applicants invoked
Articles 3, 8, 12 and 14 (art. 3, art. 8, art. 12, 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 applicants' case. On 8 January 1986 the
Government informed the Commission that the second applicant had been
granted indefinite leave to remain in the United Kingdom. On 3 March
1986 the applicant's representatives raised the question of legal
costs, which were subsequently agreed by the parties. On 10 June 1986
the Government informed the Commission of the parties' agreement on
the costs which the Government have undertaken to pay and on 7 July
1986 the applicants requested the withdrawal of their case.
REASONS FOR THE DECISION
The Commission notes that the applicants' complaint has now been
resolved by the indefinite leave granted to the second applicant to
remain in the United Kingdom. It also notes the parties' agreement on
legal costs. The Commission considers that there are no reasons of a
general character affecting the observance of the Convention which
necessitate the further retention of this case.
The Commission, therefore, accedes to the applicants' request to
withdraw their application.
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)