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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal number: IA/19703/2014

 

 

The Immigration Acts

 

 

Notice sent on 18 May 2015

 

 

Before

 

Upper Tribunal Judge Gill

 

 

Between

 

Darshan Gore

Appellant

And

 

Secretary of State for the Home Department

Respondent

 

 

Decision on Appellant’s application to withdraw his appeal

1. On 26 March 2015, the Appellant was granted permission to appeal to the Upper Tribunal.

2. By a letter dated 13 May 2015, Visa Inn Immigration Specialists, the Appellant's representatives, informed the Tribunal that the Appellant wished to withdraw his appeal. It is said that he wishes to submit a fresh application for leave.

3. I have decided to treat this as an application by the Appellant to withdraw his case, given that the Tribunal Procedure (Upper Tribunal) Rules 2008 (Upper Tribunal Rules) do not make provision for a party to withdraw its appeal. Rule 17 of the Upper Tribunal Rules provides for a party to withdraw its case before the Upper Tribunal, with the consent of the Tribunal.

4. The Upper Tribunal hereby consents to the withdrawal by the Appellant of his case.

5. This means that the Respondent's case before the Upper Tribunal (as set out in the Reply dated 20 April 2015) is unopposed. Accordingly, the determination of the First-tier Tribunal stands and the appeal of the Appellant to the Upper Tribunal dismissed.

6. The hearing on 18 May 2015 will therefore be vacated.

 

 

 

 

Upper Tribunal Judge Gill Date: 15 May 2015