ISSOP v. THE UNITED KINGDOM



Application No. 11054/84

by Nurjahan ISSOP

against the United Kingdom

 

 

        The European Commission of Human Rights sitting in private on

13 July 1987, the following members being present:

 

                   MM. C.A. NØRGAARD, President

                        J.A. FROWEIN

                        S. TRECHSEL

                        F. ERMACORA

                        E. BUSUTTIL

                        G. JÖRUNDSSON

                        A.S. GÖZÜBÜYÜK

                        A. WEITZEL

                        J.C. SOYER

                        H.G. SCHERMERS

                        H. DANELIUS

                        G. BATLINER

                   Mrs.  G.H. THUNE

                   Sir  Basil HALL

                        C.L. ROZAKIS

                   Mrs.  J. LIDDY

 

                   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 12 March 1984

by Nurjahan ISSOP against the United Kingdom and registered on

23 July 1984 under file No. 11054/84;

 

        Having regard to:

 

-       the reports provided for in Rule 40 of the Rules of Procedure

        of the Commission;

 

-       the Commission's decision of 11 March 1985 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.  Adbulziz, Cabales and

        Balkandali v. the United Kingdom;

 

-       the information provided by the Government on 16 April 1986

        and 28 April 1987;

 

-       the information provided by the applicant on 29 May 1986 and

        29 April 1987;

 

        Having deliberated;

 

        Decides as follows:

 

THE FACTS

 

        The applicant is a British Overseas Citizen, born in Tanzania

in 1960.  She is represented before the Commission by Messrs.

Ramsbottom & Co., Solicitors, Lancashire.

 

        The applicant originally complained to the Commission of the

refusal of entry clearance to her Indian fiancé to join her in the

United Kingdom with a view to marriage.  She had invoked Articles 12

and 14 of the Convention.

 

 

PROCEEDINGS BEFORE THE COMMISSION

 

        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

(Series A no. 94) in the test case of Mmes.  Abdulaziz, Cabales and

Balkandali v. the United Kingdom, the Government reviewed the

applicant's case.  On 16 April 1986 the Government informed the

Commission that entry clearance had been granted to the applicant's

fiancé.  The applicant's solicitors informed the Commission on 29 May

1986 that the applicant no longer wished to maintain her application

before the Commission, although a legal costs claim would be made

against the Government.  On 28 and 29 April 1987 the Government and

the applicant's solicitors respectively informed the Commission that

the question of legal costs had been settled between them.

 

REASONS FOR THE DECISION

 

        The Commission notes that the applicant's complaint has been

resolved by the entry clearance granted to her fiancé to join her in

the United Kingdom with a view to marriage, and that the applicant

does not wish to pursue the merits of the application further.  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 require the further examination

of the case.  The Commission, therefore, accedes to the withdrawal of

the 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)

 

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