CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 5 octobre 1990

.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. 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)