AS TO THE ADMISSIBILITY
Application No. 10579/83
by Shahinabanu I. JANAB
against the United Kingdom
The European Commission of Human Rights sitting in private on
9 December 1987, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
B. KIERNAN
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
Mr. H.C. KRÜGER, 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 28 July 1983
by Shahinabanu I. JANAB against the United Kingdom and registered
on 30 October 1983 under file No. 10579/83;
Having regard to
- reports provided for in Rule 40 of the Rules of Procedure
of the Commission;
- the Commission's decision of 12 October 1985 to bring the
application to the notice of the respondent Government without
requesting written 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 respondent Government on
30 October 1986;
- the information provided by the applicant's representatives
on 13 February 1987 and 5 October 1987;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of India, born in 1960 and lawfully
settled in the United Kingdom since 1978. She is represented before
the Commission by Messrs Ramsbottom & Co, solicitors, Blackburn,
Lancashire.
In May 1982 the applicant's Indian fiancé was refused entry
clearance to marry and live with the applicant in the United Kingdom.
The refusal was made by British immigration authorities, pursuant to
paragraph 52 of the Statement of Changes in Immigration Rules HC 394.
COMPLAINTS
The applicant originally complained to the Commission of
sexual discrimination in relation to her rights under Articles 12 and
14 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 28 July 1983 and registered
on 30 October 1983.
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 of the European Court of Human Rights in the test
case of Mmes Abdulaziz, Cabales and Balkandali (judgment of 28 May
1985, Series A no. 94), the Government reviewed the applicant's case.
On 30 October 1986 the Government informed the Commission that the
applicant's fiancé had been granted entry clearance on 28 August 1986
and had entered the United Kingdom. On 13 February 1987 the
applicant's representatives informed the Commission that the applicant
would withdraw her case, subject to the payment by the Government of
her legal costs. On 5 October 1987 the applicant's representatives
informed the Commission that legal costs had been agreed with the
Government and that the applicant now wished to withdraw her case
formally.
REASONS FOR THE DECISION
The Commission notes that the applicant's complaint has now
been resolved by the grant of entry clearance to her fiancé. 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 applicant's request
to withdraw her 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)