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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/10571/2014

 

 

THE IMMIGRATION ACTS

 

 

Heard at Manchester	Determination Promulgated
On May 13, 2015	On May 14, 2015

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE ALIS

 

 

Between

 

MR YA

(ANONYMITY DIRECTION MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: No appearance

For the Respondent: Mr Harrison (Home Office Presenting Officer)

 

 

DETERMINATION AND REASONS

1.              The First-tier Tribunal made an anonymity direction and pursuant to Rule 14 of The Tribunal Procedure (Upper Tribunal) Rules 2008 and I see no reason to alter that order.

2.              The Appellant is a citizen of Pakistan. The appellant entered the United Kingdom on September 21, 2014 with valid entry clearance and on November 3, 2014 he claimed asylum. The respondent refused his asylum claim under paragraph 336 HC 395 and on the same day took a decision to remove him pursuant to paragraphs 8 to 10A of schedule 2 to the Immigration Act 1971.

3.              The appellant appealed this decision on December 4, 2014 under section 82(1) of the Nationality, Immigration and Asylum Act 2002.

4.              The appeal came before Judge of the First-tier Tribunal McCall (hereinafter referred to as the “FtTJ”) on January 16, 2015 and in a decision promulgated on February 2, 2015 he refused the appeal on all grounds.

5.              The appellant lodged grounds of appeal on September 22, 2014 submitting the FtTJ had erred materially in law. Judge of the First-tier Tribunal Robertson granted permission to appeal on February 18, 2015

6.              The matter came before me on the above date and the respondent was represented as set out above. There was no appearance by either the appellant or his representatives.

PRELIMINARY MATTER

7.              Mr Harrison informed me that the appellant had voluntarily returned to Pakistan on February 27, 2015. He handed to me evidence of his departure in the form of flight bookings, letter from Refugee Action and a screen shot from the Home office system.

8.              Having reviewed these documents I was satisfied the appellant had left the United Kingdom and under Rule 17A of the Tribunal Procedure (Upper Tribunal) rules 2008 the appeal is to be treated as abandoned.

9.              I therefore treat the appeal as abandoned and the FtTJ’s decision shall stand.

DECISION

10.          The appeal is abandoned. I uphold the determination and dismiss the appeal.

 

 

 

Signed: Dated: May 14, 2015

 

Deputy Upper Tribunal Judge Alis

 

 

 

 

TO THE RESPONDENT

FEE AWARD

The appeal was dismissed and I make no fee award.

 

 

 

Signed: Dated: May 14, 2015

 

Deputy Upper Tribunal Judge Alis