CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 9 décembre 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 }  AS TO THE ADMISSIBILITY   Application No. 10596/83 by Hafiza SALEH against the United Kingdom             The European Commission of Human Rights sitting in private on 9 December 1987, the following members being present:                   MM.   C.A. NØRGAARD, President                      J.A. FROWEIN                      S. TRECHSEL                      G. SPERDUTI                      E. BUSUTTIL                      G. JÖRUNDSSON                      B. KIERNAN                      A.S. GÖZÜBÜYÜK                      A. WEITZEL                      J.C. SOYER                      H.G. SCHERMERS                      H. DANELIUS                      G. BATLINER                 Mrs.   G.H. THUNE                 Sir   Basil HALL                 MM.   F. MARTINEZ                      C.L. ROZAKIS                   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 28 July 1983 by Hafiza SALEH against the United Kingdom and registered on 18 October 1983 under file No. 10596/83;           Having regard to:        -   reports provided for in Rule 40 of the Rules of Procedure         of the Commission;        -   the Commission's decision of 12 October 1985 to bring the         application to the notice of the respondent Government         without requesting written 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 respondent Government on         16 April 1986;        -   the information provided by the applicant's representatives         on 28 August 1986 and 5 October 1987;           Having deliberated;           Decides as follows:   THE FACTS           The applicant is a citizen of India, born in 1956 and lawfully settled in the United Kingdom since 1979.   She is represented before the Commission by Messrs Ramsbottom & Co, solicitors, Blackburn, Lancashire.           In May 1982 the applicant's Indian fiancé was refused entry clearance to marry and live with the applicant in the United Kingdom. The refusal was made by British immigration authorities, pursuant to paragraph 52 of the Statement of Changes in Immigration Rules HC 394.   COMPLAINTS           The applicant originally complained to the Commission of sexual discrimination in relation to her rights under Articles 12 and 14 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 28 July 1983 and registered on 18 October 1983.           Following 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 of the European Court of Human Rights in the test case of Mmes Abdulaziz, Cabales and Balkandali (judgment of 28 May 1985, Series A no. 94), the Government reviewed the applicant's case.   On 16 April 1986 the Government informed the Commission that they wished to resolve favourably the immigration/discrimination cases before the Commission, depending on the individual circumstances of each case. To this end the applicant's fiancé was requested to make a fresh application for entry clearance setting out his current circumstances. The Deputy High Commissioner in Bombay wrote to the fiancé inviting him to attend for an early interview, priority being given to his case. However, no such application was received from the fiancé and on 28 August 1986 the applicant's representatives informed the Commission that he would not be reapplying for entry clearance.   They also raised the question of the applicant's legal costs being settled by the Government.   On 5 October 1987 the applicant's representatives informed the Commission that legal costs had been agreed with the Government and that the applicant now wished to withdraw her case formally.   REASONS FOR THE DECISION           The Commission notes that the applicant's fiancé no longer seeks entry into 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 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)