FOURTH SECTION
DECISION
Application no. 63008/11
K.A. and Others
against the United Kingdom
The European Court of Human Rights (Fourth Section), sitting on 22 January 2013 as a Committee composed of:
David Thór Björgvinsson, President,
Vincent A. De Gaetano,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 11 October 2011,
Having regard to the correspondence between the parties dated 24 October 2012, 19 November 2012 and 6 December 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, K.A. and three others, are Pakistani nationals who lived in Coventry. The President granted the applicants’ request for their identity not to be disclosed to the public (Rule 47 § 3). The first applicant was born in 1981 and is the mother of the second, third and fourth applicants who were born in 2003, 2007 and 2011 respectively.
The applicants were represented before the Court by Jeya & Co solicitors, a law firm practising in London. The United Kingdom Government (“the Government”) were represented by their Agent, Ms Y. Ahmed of the Foreign and Commonwealth Office.
The applicants complained under Articles 2, 3, 8 and 13 of the Convention about their proposed expulsion from the United Kingdom to Pakistan.
On 27 August 2012, the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1) and to grant priority to the application (Rule 41 of the Rules of Court).
By letter dated 24 October 2012, the Government informed the Court that they would be prepared to reach a friendly settlement of the application on the basis that 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. By letter dated 19 November 2012, the Government reiterated their offer 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.
By letter dated 6 December 2012, the applicants’ representatives confirmed that the applicants accepted the Government’s offer.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the matter has been resolved and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (b) of the Convention.
Fatoş AracıDavid Thór Björgvinsson
Deputy RegistrarPresiden
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