FOURTH SECTION
DECISION
Application no. 35194/20
M.A.
against the United Kingdom
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 23 September 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 13 August 2020,
Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr K. Akhtar of Fountain Solicitors, a lawyer practising in Walsall.
The applicant’s complaints under Article 8 of the Convention concerning the deportation order made against him were communicated to the United Kingdom Government (“the Government”).
The Court received the friendly-settlement declaration, signed by the parties, under which the applicant agreed to waive any further claims against the United Kingdom in respect of the facts giving rise to this application, subject to the following undertaking by the Government:
1. The Government shall grant to the applicant a period of thirty months limited leave to remain in the United Kingdom. This leave is granted with no recourse to public funds, though the applicant will be permitted to access the National Health Service.
2. The Government agrees that permission to work shall be granted to the applicant.
3. The Government agrees that the outstanding costs awarded by the Supreme Court against the applicant shall not infringe or prevent any future grants of periods of leave in his favour.
4. The Government agrees that deportation action shall not be taken against the applicant solely as a result of his previous criminal conviction unless there is a material change of circumstances.
5. The Government shall pay the applicant 9,000 pounds sterling (GBP), inclusive of costs, expenses and taxes. This sum will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
6. These terms shall constitute full and final settlement of all claims against the Government relating to this application.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued 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 39 of the Convention.
Done in English and notified in writing on 14 October 2021.
{signature_p_2}
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 8 of the Convention
(Expulsion of applicant from Contracting State where close family members live)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
(in pounds sterling)
35194/20
13/08/2020
M.A.
1975
Mr K. Akhtar
(Fountain Solicitors),
Walsall
23/08/2021
23/08/2021
9,000
Full & Egal Universal Law Academy