Application No. 22458/93
by R.I., T.L., H.L., NfL.,
NbL. and A.L.
against the United Kingdom
The European Commission of Human Rights sitting in private on
28 February 1994, the following members being present:
MM. C.A. NØRGAARD, President
S. TRECHSEL
A. WEITZEL
F. ERMACORA
A.S. GÖZÜBÜYÜK
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
M. F. MARTINEZ
Mrs. J. LIDDY
MM. L. LOUCAIDES
M.P. PELLONPÄÄ
B. MARXER
G.B. REFFI
M.A. NOWICKI
I. CABRAL BARRETO
B. CONFORTI
N. BRATZA
I. BÉKÉS
J. MUCHA
E. KONSTANTINOV
D. SVÁBY
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 10 August 1993 by
R.I., T.L., H.L., NfL., NbL. and A.L. against the United Kingdom and
registered on 13 August 1993 under file No. 22458/93;
Having regard to :
- reports provided for in Rule 47 of the Rules of Procedure of the
Commission;
- the information submitted by the respondent Government on
4 November 1993 and the information in reply submitted by the
applicants on 8 December 1993;
Having deliberated;
Decides as follows:
THE FACTS
The first applicant is a citizen of Pakistan, born in 1966. At
the time of lodging the application to the Commission he was detained
awaiting deportation in H.M. Prison, Bedford. The second applicant is
his widowed sister, born in 1961, and a British citizen of Pakistani
origin, resident in Hemel Hempstead, Hertfordshire.
The third, fourth, fifth and sixth applicants are her four young
children, born in 1986, 1987, 1990 and 1991 respectively. They are all
British citizens.
The applicants are represented before the Commission by Messrs.
Winstanley-Burgess, solicitors, London.
The facts of the present case, as submitted by the parties, may
be summarised as follows:
The first applicant went to the United Kingdom in May 1991 as a
visitor. He was allowed to stay on longer to help his sister after the
death of her husband in December 1991 on condition that he did not take
up any employment. In view of financial difficulties faced by the
applicants, he broke this condition and was discovered working
illegally. Deportation proceedings were brought against him as a
result.
COMPLAINTS
The applicants originally complained to the Commission that the
deportation of the first applicant would constitute a breach of their
right to respect for private and family life, contrary to Article 8 of
the Convention, for which they had no effective domestic remedy,
contrary to Article 13 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 10 August 1993 and registered
on 13 August 1993.
On 8 September 1993 the Commission decided, pursuant to Rule 48
para. 2 (b) of its Rules of Procedure, to give notice of the
application to the respondent Government and to invite the parties to
submit written observations on its admissibility and merits.
On 4 November 1993 the Government informed the Commission that
the Secretary of State, whilst not condoning the first applicant's
breach of immigration law, and considering the exceptional
compassionate circumstances of the case, had decided to end the
deportation proceedings. On 8 December 1993 the applicants'
representatives informed the Commission that the first applicant had
been granted one year's leave to remain in the United Kingdom and that,
consequently, the applicants wished to withdraw their application to
the Commission.
REASONS FOR THE DECISION
The Commission notes that the deportation proceedings against the
first applicant have been terminated and that he has been granted one
year's leave to remain in the United Kingdom. Because of this the
applicants wish to withdraw their application to the Commission. The
Commission finds, therefore, not only that the applicants do not intend
to pursue their petition any further, within the meaning of Article 30
para. 1 (a) of the Convention, but also that there are no general
reasons concerning respect for Human Rights which require the continued
examination of the case pursuant to Article 30 para. 1 in fine.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)
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