CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 12 janvier 1991

.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. 14436/88 by N. against the United Kingdom             The European Commission of Human Rights sitting in private on 12 January 1991, the following members being present:                   MM.   C.A. NØRGAARD, President                      J.A. FROWEIN                      S. TRECHSEL                      F. ERMACORA                      G. SPERDUTI                      E. BUSUTTIL                      G. JÖRUNDSSON                      A.S. GÖZÜBÜYÜK                      A. WEITZEL                      J.C. SOYER                      H. DANELIUS                 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 4 October 1988 by N. against the United Kingdom and registered on 5 December 1988 under file No. 14436/88;           Having regard to:        -   reports provided for in Rule 47 of the Rules of Procedure         of the Commission;        -   the Commission's decision of 6 July 1989 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 respondent Government on         21 November 1989, 26 March and 17 October 1990 and the         response submitted by the applicant on 19 November 1990;           Having deliberated;           Decides as follows:   THE FACTS           The applicant is a citizen of the United Kingdom, born in 1955 and resident in London.   She is represented before the Commission by Ms. Kate Fitzpatrick of the North Islington Law Centre.           The applicant complained to the Commission that her husband had been refused exceptional leave to remain in the United Kingdom and of a deportation order against him.   She alleged that the threatened deportation would constitute a breach of her right to respect for family life and discrimination.   She invoked Articles 3, 8 and 14 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 4 October 1988 and registered on 5 December 1988.   After a preliminary examination of the case by the Rapporteur, the Commission decided on 6 July 1989 to give notice of the application to the respondent Government, pursuant to Rule 42 para. 2 (b) of its Rules of Procedure (former version), and to invite the parties to submit their written observations on the admissibility and merits of the application.           On 21 November 1989 the Government informed the Commission that the Home Secretary had decided to review the case of the applicant's husband and, on 26 March 1990, they notified the Commission that the deportation order against him had been revoked. On 17 October 1990 the Government further informed the Commission that the husband had received entry clearance to the United Kingdom on 6 July 1990.   In response the applicant stated on 19 November 1990 that she wished to withdraw her application.   REASONS FOR THE DECISION           The Commission notes that the applicant's husband has now been allowed to remain in the United Kingdom and that she 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)