CEDH · CASELAW;DECISIONS;ADMISSIBILITY;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 3 November 1983 by M. and P.P. against the United Kingdom and registered on 8 November 1983 under file No. 10638/83;   Having regard to   - reports provided for in Rule 40 of the Rules of Procedure of the Commission;   - the Commission's decision of 2 October 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 14 February 1986;   - the applicant's failure to keep the Commission informed of her intentions regarding the present application;   Having deliberated;   Decides as follows:   THE FACTS   The first applicant is a citizen of Kenya of Indian origin, born in Kenya in 1954, and lawfully settled in the United Kingdom.   The second applicant is her husband, an Indian citizen, born in 1946.   They are represented before the Commission by Messrs Winstanley Burgess, Solicitors, London.   The applicants originally complained to the Commission of the refusal by the British immigration authorities to allow the second applicant to remain in the United Kingdom.   They invoked Articles 3, 8, 13 and 14 (art. 3, art. 8, art. 13, 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 14 February 1986 the Government informed the Commission that the second applicant had been granted twelve months' leave to remain in the United Kingdom (renewable indefinitely).   The applicants' representatives were then asked whether, in view of this development, the applicants wished to maintain their application to the Commission.   No reply has been received to this inquiry, despite a reminder.   REASONS FOR THE DECISION   The Commission notes that the applicants' complaint has been resolved by the leave granted to the second applicant to remain in the United Kingdom and that the applicants have not kept the Commission informed, through their legal representatives, of their intentions regarding their case.   In these circumstances, the Commission finds that the applicants have lost interest in their application, and that there are no reasons of a general character affecting the observance of the Convention which require its further examination.   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)