AS TO THE ADMISSIBILITY
Application No. 10596/83
by Hafiza SALEH
against the United Kingdom
The European Commission of Human Rights sitting in private on
9 December 1987, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
S. TRECHSEL
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
B. KIERNAN
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
Mrs. G.H. THUNE
Sir Basil HALL
MM. F. MARTINEZ
C.L. ROZAKIS
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 28 July 1983
by Hafiza SALEH against the United Kingdom and registered on
18 October 1983 under file No. 10596/83;
Having regard to:
- reports provided for in Rule 40 of the Rules of Procedure
of the Commission;
- the Commission's decision of 12 October 1985 to bring the
application to the notice of the respondent Government
without requesting written 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 respondent Government on
16 April 1986;
- the information provided by the applicant's representatives
on 28 August 1986 and 5 October 1987;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a citizen of India, born in 1956 and lawfully
settled in the United Kingdom since 1979. She is represented before
the Commission by Messrs Ramsbottom & Co, solicitors, Blackburn,
Lancashire.
In May 1982 the applicant's Indian fiancé was refused entry
clearance to marry and live with the applicant in the United Kingdom.
The refusal was made by British immigration authorities, pursuant to
paragraph 52 of the Statement of Changes in Immigration Rules HC 394.
COMPLAINTS
The applicant originally complained to the Commission of
sexual discrimination in relation to her rights under Articles 12 and
14 of the Convention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 28 July 1983 and registered
on 18 October 1983.
Following 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
of the European Court of Human Rights in the test case of Mmes
Abdulaziz, Cabales and Balkandali (judgment of 28 May 1985, Series A
no. 94), the Government reviewed the applicant's case. On 16 April
1986 the Government informed the Commission that they wished to
resolve favourably the immigration/discrimination cases before the
Commission, depending on the individual circumstances of each case.
To this end the applicant's fiancé was requested to make a fresh
application for entry clearance setting out his current circumstances.
The Deputy High Commissioner in Bombay wrote to the fiancé inviting him
to attend for an early interview, priority being given to his case.
However, no such application was received from the fiancé and on 28
August 1986 the applicant's representatives informed the Commission
that he would not be reapplying for entry clearance. They also raised
the question of the applicant's legal costs being settled by the
Government. On 5 October 1987 the applicant's representatives
informed the Commission that legal costs had been agreed with the
Government and that the applicant now wished to withdraw her case
formally.
REASONS FOR THE DECISION
The Commission notes that the applicant's fiancé no longer
seeks entry into the United Kingdom. It also notes the parties'
agreement on legal costs. The Commission considers that there are no
reasons of a general character affecting the observance of the
Convention which necessitate the further retention of this case.
The Commission, therefore, accedes to the applicant's request
to withdraw her application.
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)