CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 28 février 1994

.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. 22458/93                       by R.I., T.L., H.L., NfL.,                       NbL. and A.L.                       against the United Kingdom         The European Commission of Human Rights sitting in private on 28 February 1994, the following members being present:         MM.   C.A. NØRGAARD, President            S. TRECHSEL            A. WEITZEL            F. ERMACORA            A.S. GÖZÜBÜYÜK            J.-C. SOYER            H.G. SCHERMERS            H. DANELIUS       M.    F. MARTINEZ       Mrs. J. LIDDY       MM.   L. LOUCAIDES            M.P. PELLONPÄÄ            B. MARXER            G.B. REFFI            M.A. NOWICKI            I. CABRAL BARRETO            B. CONFORTI            N. BRATZA            I. BÉKÉS            J. MUCHA            E. KONSTANTINOV            D. SVÁBY         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 10 August 1993 by R.I., T.L., H.L., NfL., NbL. and A.L. against the United Kingdom and registered on 13 August 1993 under file No. 22458/93;         Having regard to :   -      reports provided for in Rule 47 of the Rules of Procedure of the       Commission;   -      the information submitted by the respondent Government on       4 November 1993 and the information in reply submitted by the       applicants on 8 December 1993;         Having deliberated;         Decides as follows:   THE FACTS         The first applicant is a citizen of Pakistan, born in 1966.   At the time of lodging the application to the Commission he was detained awaiting deportation in H.M. Prison, Bedford.   The second applicant is his widowed sister, born in 1961, and a British citizen of Pakistani origin, resident in Hemel Hempstead, Hertfordshire.         The third, fourth, fifth and sixth applicants are her four young children, born in 1986, 1987, 1990 and 1991 respectively. They are all British citizens.         The applicants are represented before the Commission by Messrs. Winstanley-Burgess, solicitors, London.         The facts of the present case, as submitted by the parties, may be summarised as follows:         The first applicant went to the United Kingdom in May 1991 as a visitor.   He was allowed to stay on longer to help his sister after the death of her husband in December 1991 on condition that he did not take up any employment.   In view of financial difficulties faced by the applicants, he broke this condition and was discovered working illegally.   Deportation proceedings were brought against him as a result.   COMPLAINTS         The applicants originally complained to the Commission that the deportation of the first applicant would constitute a breach of their right to respect for private and family life, contrary to Article 8 of the Convention, for which they had no effective domestic remedy, contrary to Article 13 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 10 August 1993 and registered on 13 August 1993.         On 8 September 1993 the Commission decided, pursuant to Rule 48 para. 2 (b) of its Rules of Procedure, to give notice of the application to the respondent Government and to invite the parties to submit written observations on its admissibility and merits.         On 4 November 1993 the Government informed the Commission that the Secretary of State, whilst not condoning the first applicant's breach of immigration law, and considering the exceptional compassionate circumstances of the case, had decided to end the deportation proceedings. On 8 December 1993 the applicants' representatives informed the Commission that the first applicant had been granted one year's leave to remain in the United Kingdom and that, consequently, the applicants wished to withdraw their application to the Commission.   REASONS FOR THE DECISION         The Commission notes that the deportation proceedings against the first applicant have been terminated and that he has been granted one year's leave to remain in the United Kingdom.   Because of this the applicants wish to withdraw their application to the Commission.   The Commission finds, therefore, not only that the applicants do not intend to pursue their petition any further, within the meaning of Article 30 para. 1 (a) of the Convention, but also that there are no general reasons concerning respect for Human Rights which require the continued examination of the case pursuant to Article 30 para. 1 in fine.         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)