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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/07444/2016

 

 

THE IMMIGRATION ACTS

At Field House	NOTICE OF WITHDRAWAL
On 29 November 2017	On 08 December 2017

 

BEFORE

 

Upper Tribunal Judge Smith

 

 

Between

 

MR TALLAT SOHAIL

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

ENTRY CLEARANCE OFFICER, SHEFFIELD

Respondent

NOTICE OF WITHDRAWAL

(pursuant to rule 17 Tribunal Procedure (Upper Tribunal) Rules 2008)

1.              By a decision promulgated on 16 February 2017, First-tier Tribunal Judge S T Fox dismissed the Appellant's appeal against the Respondent's refusal dated 31 May 2016 refusing him entry clearance to accompany his son to the UK.

2.              Permission to appeal was granted by First-tier Tribunal Judge Alis on 6 September 2017. The appeal is listed for an error of law hearing in Bradford on Thursday 30 November 2017 (i.e. tomorrow).

3.              By a letter dated 29 November 2017, the Appellant's solicitors wrote to the Tribunal indicating that the Appellant wishes to withdraw his appeal.

4.              Paragraph 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that a party may withdraw its case before the Upper Tribunal only with the consent of the Tribunal. If the Tribunal does so consent this would amount to a final disposal of the appeal before the Upper Tribunal. In this case, the effect of that withdrawal would be that the Appellant's appeal remains dismissed.

5.              Subject to consideration being given to any request received from either party to the contrary by 4pm today, the Upper Tribunal proposes to consent to the Appellant withdrawing his case and the hearing on 30 November will be vacated.

 

 

Upper Tribunal Judge Smith Date: 29 November 2017