CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 8 mai 1987

.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 }                    Application No. 12400/86                   by Mrs.   Mussarat NAZIR and Others                   against the United Kingdom             The European Commission of Human Rights sitting in private on 8 May 1987,   the following members being present:                   MM. C. A. NØRGAARD, President                   G. SPERDUTI                   F. ERMACORA                   G. JÖRUNDSSON                   G. TENEKIDES                   S. TRECHSEL                   B. KIERNAN                   A. S. GÖZÜBÜYÜK                   A. WEITZEL                   J. C. SOYER                   H. G. SCHERMERS                   G. BATLINER                   H. VANDENBERGHE              Mrs.   G. H. THUNE              Sir   Basil HALL              Mr.   F. MARTINEZ                 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 September 1986 by Mrs.   Mussarat Nazir and Others against the United Kingdom and registered on 22 September 1986 under file N° 12400/86;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The first applicant, Mr.   Mohammed Fiaz, is a citizen of Pakistan who has been settled in the United Kingdom since 1966.   He is a businessman by profession.           The second applicant, Mrs.   Mussarat Nazir, is the first applicant's wife.   They were married in 1969 in Pakistan.   There are five children in the family, born in 1970, 1973, 1976, 1979, 1981. All of the children were born in Pakistan.   The second applicant and her children remained in Pakistan to look after an elderly relative, who died in 1981, and subsequently for the children's education.           The applicants are represented before the Commission by Messrs.   Suriya & Co., Solicitors, London.           On 13 December 1984 the second applicant and her children came to the United Kingdom to visit her husband.   They were all refused leave to enter but were granted temporary admission under the Immigration Rules while an application for a visa was being investigated.   The application for a visa was eventually turned down since the Immigration Officer did not consider that the family were genuine visitors.   All five children have been attending school since their arrival in the United Kingdom.           On 7 March 1985 the second applicant and her children applied to the Secretary of State for leave to stay in the United Kingdom as the wife and children of the first applicant.   To establish the family link the applicants underwent DNA blood tests which they state to be 100% accurate.           The Home Office suggested that the second applicant and her children apply for leave to settle with the first applicant, in accordance with the normal procedure, when they are back in Pakistan. On 16 May 1986, after unsuccessful representations had been made to the Secretary of State, the second applicant and her children were informed that they were to be removed from the United Kingdom.           The first applicant then applied to the High Court on 20 May 1986 for judicial review of the order of removal, contending that the order was unreasonable having regard to the family link and the blood tests that had been carried out.   This application was rejected on 29 July 1986.           The blood tests confirmed that all of the children, except the child born in 1970, were issue of the applicants' family.   The applicants concede that the first child was adopted by them when they had no children.           Following the results of the blood tests the applicants were informed that the Home Office was not taking any further action against them to enable the family to stay together.   COMPLAINTS           The applicants complained of the Home Office decision to remove the second applicant and her five children to Pakistan.   They invoked Articles 8, 13 and 14 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced before the Commission on 12 September 1986 and registered on 22 September 1986.   The Commission decided on 7 October 1986 not to grant the applicants' request for an indication to the respondent Government under Rule 36 of the Rules of Procedure not to remove the second applicant and her family to Pakistan.           On 24 February 1987 the applicants informed the Secretariat that the Home Office no longer sought to remove the family from the United Kingdom.   They indicated that in these circumstances they no longer sought to continue the application before the Commission.   REASONS FOR THE DECISION           The Commission notes that the applicants, whose expulsion is no longer being sought by the Home Office, seek to withdraw their application.   The Commission finds that they no longer intend to pursue their application and that there are no reasons relating to the general interest to continue an examination 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. KRUGER)                          (C. A. NØRGAARD)