United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal number: AA /01308/2014

 

 

the immigration Acts

 

 

Determination promulgated

On 18th May 2015

 

 

Before

 

Upper Tribunal Judge Gill

 

 

Between

 

VM

Appellant

And

 

The Secretary of State for the Home Department

Respondent

 

 

NOTICE OF ABANDONMENT

1. By an “Error of law Decision” promulgated on 12 November 2014, the Upper Tribunal set aside the determination of the First-tier Tribunal (promulgated on 29 August 2014) by which the First-tier Tribunal dismissed the appeal of the appellant on asylum grounds, humanitarian protection grounds and human rights grounds.

2. Accordingly, the appellant’s appeal against the respondent’s decision to remove her dated 13 February 2014 was outstanding before the Upper Tribunal, pending a hearing to re-make the decision on the appeal.

3. By a letter dated 13 May 2015, the appellant's representatives, Vasuki Solicitors, informed the Upper Tribunal that the applicant had been granted refugee status and stating that they are therefore withdrawing her appeal.

4. Given that the appellant was granted refugee status (from which it follows that she would have been granted leave) and given that the terms of the letter from the appellant’s solicitors makes it clear that section 104(4B) of the Nationality, Immigration and Asylum Act 2002 (the “2002” Act) cannot apply, her appeal is deemed statutorily abandoned, by operation of law, under section 104 (4A) of the 2002 Act. There is no question of her withdrawing her appeal.

5. The hearing on 21 May 2015 will therefore be vacated.

Decision:

The appeal is abandoned.

 

 

 

Upper Tribunal Judge Gill

15.05.15