H. v. the United Kingdom



The European Commission of Human Rights sitting in private

on 13 May 1986, the following members being present:

MM. C.A. NØRGAARD, President

G. SPERDUTI

J.A. FROWEIN

F. ERMACORA

G. JÖRUNDSSON

G. TENEKIDES

S. TRECHSEL

B. KIERNAN

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

Mrs G.H. THUNE

Sir Basil HALL

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 (art. 25);

Having regard to the application introduced on 22 May 1984 by

A.H. against the United Kingdom and registered on

14 June 1984 under file No. 11016/84;

Having regard to

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

Commission;

- the Commission's decision of 3 October 1984 to bring the

application to the notice of the respondent Government

without requesting the parties' written observations at that

stage pending the outcome of the cases of Mmes Abdulaziz,

Cabales and Balkandali v the United Kingdom;

- the information provided by the Government on 8 January 1986;

- the information provided by the applicant's representatives

on 7 February 1986;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of Colombia, born in 1952 and lawfully

settled in the United Kingdom. She is represented before the

Commission by the Paddington Advice and Law Centre.

The applicant originally complained of the refusal by British

Immigration authorities to allow her Spanish husband to remain with

her in the United Kingdom. She invoked Articles 3, 8, 13 and 14 of

the Convention (art. 3, art. 8, art. 13, art. 14).

Following the communication of the application to the respondent

Government, pursuant to Rule 42 (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 in the test case of

Mmes Abdulaziz, Cabales and Balkandali v the United Kingdom, the

respondent Government reviewed the applicant's case. On 8 January

1986 the Government informed the Commission that the applicant's

husband had been given twelve months' leave (renewable indefinitely)

to remain in the United Kingdom. On 7 February 1986 the applicant

requested the withdrawal of her application to the Commission.

REASONS FOR THE DECISION

The Commission notes that the applicant's complaint has now been

resolved by the leave granted to the applicant's husband to remain

with her in the United Kingdom. It considers that there are no

reasons of a general character affecting the observance of the

Convention which necessitates 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)