FIRST CHAMBER
Application No. 18768/91
by Grace PEPRAH-BAAWUAH
against the United Kingdom
The European Commission of Human Rights (First Chamber) sitting
in private on 2 September 1992, the following members being present:
MM. J.A. FROWEIN, President of the First Chamber
F. ERMACORA
E. BUSUTTIL
A.S. GÖZÜBÜYÜK
Sir Basil HALL
Mr. C.L. ROZAKIS
Mrs. J. LIDDY
MM. M. PELLONPÄÄ
B. MARXER
Mr. M. de SALVIA, Secretary to the First Chamber
assisted by Mrs. S. DOLLE
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 19 July 1991 by
Grace PEPRAH-BAAWUAH against the United Kingdom and registered on
7 September 1991 under file No. 18768/91;
Having regard to:
- the reports provided for in Rule 47 of the Rules of Procedure of
the Commission;
- the Commission's decision of 1 April 1992 to bring the
application to the notice of the respondent Government and invite
them to submit written observations on its admissibility and
merits;
- the information provided by the applicant on 13 May 1992,
confirmed by the Government on 20 May 1992.
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of Ghana, born in 1953, who at the
time of lodging her application was living in London.
She is represented before the Commission by Mr. Stephen Cragg,
a Solicitor with the Hackney Law Centre.
The applicant originally complained to the Commission about her
proposed deportation from the United Kingdom as an illegal entrant.
She had lived and worked in the United Kingdom since 1982 and has two
daughters, the first born in 1979 and a citizen of the United States
of America, the second born in 1980 and a citizen of the United
Kingdom. It was proposed to leave the girls behind in State care for
social, educational and health reasons, given difficulties the
applicant would face in Ghana. The applicant invoked Articles 8 and
13 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 19 July 1991 and registered on
7 September 1991. From the outset the applicant requested the
Commission to intervene under Rule 36 of the Rules of Procedure to stay
her removal to Ghana pending its examination of her Article 8/family
life claim. On 9 September 1991 the Commission refused to make the
indication requested in view of the fact that the case raised no issue
under Article 3 of the Convention and was, therefore, not of the kind
where a Rule 36 indication would normally be considered.
After a preliminary examination of the case by the Rapporteur,
the Commission considered the admissibility of the application on
1 April 1992. It decided to give notice of the case to the respondent
Government, pursuant to Article 48 para. 2 (b) of the Rules of
Procedure, and to invite the parties to submit their written
observations on admissibility and merits.
On 13 May 1992 the applicant's representative informed the
Commission that his client had now been granted indefinite leave to
remain in the United Kingdom together with her daughters and that she
wished to withdraw her application. The Government confirmed the grant
of indefinite leave on 20 May 1992.
REASONS FOR THE DECISION
The Commission notes that the applicant's complaint has been
resolved by leave being granted for her to remain indefinitely in the
United Kingdom with her family. It also notes that the applicant no
longer wishes to pursue her application. The Commission considers that
there are no reasons of a general character affecting respect for Human
Rights as defined in the Convention which necessitate the further
retention of this case. It concludes therefore that the requirements
of Article 30 para. 1 of the Convention have been met.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the First Chamber President of the First Chamber
(M. de SALVIA) (J.A. FROWEIN)
Full & Egal Universal Law Academy