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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/08227/2013

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination Promulgated
On 10 March 2015	On 12 March 2015

 

Before

 

UPPER TRIBUNAL JUDGE ESHUN

 

 

Between

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

and

 

ISMAIL GUTALE

Respondent

 

 

Representation:

For the Appellant: Mr. T Wilding, HOPO

For the Respondent: Ms G Mellon, Counsel

 

 

DECISION

 

1. Mr Wilding made an application for permission under Rules 17 of the Upper Tribunal Procedure Rules to withdraw the Secretary of State’s decision so that the respondent’s case can be reconsidered. The application which had been made in writing on 9 March 2015 was principally based of the country guidance case of MOJ & Ors (Return to Mogadishu) (Rev 1) CG [2014] UKUT 442. This was opposed by Ms Mellon who relied on the Upper Tribunal’s decision in SM (withdrawal of appealed decision: effect) Pakistan [2014] UKUT 64.

 

2. After hearing submissions by the parties, I decided to accept the Secretary of State’s application to withdraw her decision in this case.

 

3. Consequently, the appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 is no longer pending.

 

 

 

Signed Date 10 March 2015

 

Upper Tribunal Judge Eshun