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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA218482012 [2014] UKAITUR IA218482012 (20 January 2014) URL: http://www.bailii.org/uk/cases/UKAITUR/2014/IA218482012.html Cite as: [2014] UKAITUR IA218482012 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/21848/2012
THE IMMIGRATION ACTS
| Determined without a hearing | Determination Promulgated |
| on 17 January 2014 pursuant to rule 34 | On 20 January 2014 |
| of the Tribunal Procedure (Upper Tribunal) Rules 2008 |
|
Before
UPPER TRIBUNAL JUDGE PETER LANE
Between
VRISHALI HARIDAS NAGDIVE
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
DECISION
1. On 23 July 2013, I gave directions in this case, in which I indicated that the Upper Tribunal was minded to set aside under rule 45 of the Tribunal Procedure (Upper Tribunal) Rules 2008 the determination of the Upper Tribunal promulgated on 8 March 2013 and to substitute a fresh decision in the appeal brought by the appellant against the Secretary of State’s removal and refusal of leave decisions.
2. In all the circumstances, including those I am about to mention, and pursuant to the overriding objective in rule 2, I consider it is appropriate to proceed under rule 34, without a hearing.
3. In the light of the reported decision in Nasim and others (Raju: reasons not to follow?) [2013] UKUT 610 (IAC), the setting aside of the determination of 8 March is plainly necessary and I do so. Given that the appellant has been granted leave to remain in another capacity, she can have no continuing interest in the present proceedings. The grant of leave has the effect of statutorily abandoning the appeal brought against the Secretary of State’s decisions (section 104(4A) of the Nationality, Immigration and Asylum Act 2002).
Decision
4. The determination of 8 March 2013 is set aside under rule 45. I re-make the decision in the appellant’s appeal by recording that appeal as being abandoned, pursuant to section 104(4A) of the 2002 Act.
Signed
Judge of the Upper Tribunal
Date: 17 January 2014