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 3 November 1983 by
M. and P.P. against the United Kingdom and registered
on 8 November 1983 under file No. 10638/83;
Having regard to
- reports provided for in Rule 40 of the Rules of Procedure of the
Commission;
- the Commission's decision of 2 October 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 14 February 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 first applicant is a citizen of Kenya of Indian origin, born in
Kenya in 1954, and lawfully settled in the United Kingdom. The second
applicant is her husband, an Indian citizen, born in 1946. They are
represented before the Commission by Messrs Winstanley Burgess,
Solicitors, London.
The applicants originally complained to the Commission of the refusal
by the British immigration authorities to allow the second applicant
to remain in the United Kingdom. They invoked Articles 3, 8, 13 and
14 (art. 3, art. 8, art. 13, 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 14 February 1986 the
Government informed the Commission that the second applicant had been
granted twelve months' leave to remain in the United Kingdom
(renewable indefinitely).
The applicants' representatives were then asked whether, in view of
this development, the applicants wished to maintain their application
to the Commission. No reply has been received to this inquiry,
despite a reminder.
REASONS FOR THE DECISION
The Commission notes that the applicants' complaint has been resolved
by the leave granted to the second applicant to remain in the United
Kingdom and that the applicants have not kept the Commission informed,
through their legal representatives, of their intentions regarding
their case. In these circumstances, the Commission finds that the
applicants have lost interest in their 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)