M. v. the United Kingdom



Application No. 15200/89

by M.

against the United Kingdom

The European Commission of Human Rights sitting in private on

5 October 1990, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

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 9 June 1990

by M. against the United Kingdom and registered on 10 July

1989 under file No. 15200/89;

Having regard to:

- the report provided for in Rule 47 of the Rules of Procedure

of the Commission;

- the Commission's decision of 4 April 1990 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 Government on 26 July 1990;

- the response of the applicant on 9 August 1990.

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a British citizen born in B. in 1964. She

settled in the United Kingdom in 1978 and resides in London. She is

represented before the Commission by Messrs. Hafiz & Co., Solicitors,

London.

The applicant complained of a refusal by British immigration

authorities to grant entry clearance to her Bangladeshi husband to

enable him to settle in the United Kingdom with her and their two

children. The reason for this refusal is that when they married nine

years ago the husband was unable to satisfy the immigration

authorities that at that time his primary purpose in marrying was not

to obtain admission to the United Kingdom, in view of his previous

unsuccessful attempts to obtain visas for study and visitors leave to

that country. The applicant claimed to be a victim of a violation of

Articles 5, 8, 12 and 13 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 9 June 1989 and registered

on 10 July 1989. After a preliminary examination of the case by the

Rapporteur, the Commission considered the admissibility of the

application on 4 April 1990. It decided that, in accordance with Rule

42 para. 2 (b) of the Rules of Procedure, notice of the application

should be given to the Government of the United Kingdom and that the

parties should be invited to submit written observations on the

admissibility and merits of the case.

However, on 26 July 1990 the Government informed the

Commission that they were prepared as an exceptional measure in the

circumstances of the present case to issue entry clearance to the

applicant's husband. The applicant's representatives accepted this

offer and informed the Commission on 9 August 1990 that the applicant

wishes to withdraw her application to the Commission.

REASONS FOR THE DECISION

The Commission notes that the applicant's husband is to be

allowed to settle in the United Kingdom and that the applicant wishes

to withdraw her application to the Commission. It concludes,

therefore, that the applicant does not intend to pursue further her

petition, the factual basis of which has been resolved, within the

meaning of Article 30 para. 1 (a) and (b) of the Convention.

Moreover, the Commission finds no reasons of a general character

affecting respect for Human Rights, as defined in the Convention,

which require the further examination of the case by virtue of Article

30 para. 1 in fine of the Convention.

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)