CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 13 octobre 1986

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }    The European Commission of Human Rights sitting in private on 13 October 1986, the following members being present:                     MM   C.A. NØRGAARD, President                       J.A. FROWEIN                       F. ERMACORA                       E. BUSUTTIL                       G. JÖRUNDSSON                       G. TENEKIDES                       S. TRECHSEL                       B. KIERNAN                       A.S. GÖZÜBÜYÜK                       A. WEITZEL                       J.C. SOYER                       H.G. SCHERMERS                       H. DANELIUS                       G. BATLINER                       J. CAMPINOS                   Mrs G.H. THUNE                   Sir Basil HALL                   Mr   F. MARTINEZ             Mr H.C. KRÜGER, Secretary to the Commission     Having regard to Article 25 (art. 25) of the Convention for the Protection of Human Rights and Fundamental Freedoms;   Having regard to the application introduced on 26 September 1983 by J. and R.T. against the United Kingdom and registered on 29 September 1983 under file No. 10570/83;   Having regard to   - reports provided for in Rule 40 of the Rules of Procedure of the Commission;   - the Commission's decision of 7 May 1984 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 Abdulaziz, Cabales and Balkandali v. the United Kingdom;   - the information provided by the Government on 8 January and 10 June 1986;   - the information provided by the applicants on 7 July 1986.   Having deliberated;   Decides as follows:   THE FACTS   The applicants are husband and wife, both citizens of the Philippines and born in 1957.   They are represented before the Commission by the Hackney Law Centre and Messrs Alexander & Partners, Solicitors, London.   The applicants originally complained to the Commission of the refusal by British immigration authorities to allow the second applicant to remain in the United Kingdom.   The applicants invoked Articles 3, 8, 12 and 14 (art. 3, art. 8, art. 12, art. 14) of the Convention.   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 in the test case of Mmes Abdulaziz, Cabales and Balkandali v. the United Kingdom, the Government reviewed the applicants' case.   On 8 January 1986 the Government informed the Commission that the second applicant had been granted indefinite leave to remain in the United Kingdom.   On 3 March 1986 the applicant's representatives raised the question of legal costs, which were subsequently agreed by the parties.   On 10 June 1986 the Government informed the Commission of the parties' agreement on the costs which the Government have undertaken to pay and on 7 July 1986 the applicants requested the withdrawal of their case.   REASONS FOR THE DECISION   The Commission notes that the applicants' complaint has now been resolved by the indefinite leave granted to the second applicant to remain in 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 applicants' request to withdraw their 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)