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

 

The Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/05050/2015

 

THE IMMIGRATION ACTS

 

	Decision & Reasons Promulgated
	On 01 August 2017

 

Before

 

Upper Tribunal Judge Kebede

 

 

Between

 

DOROTEA BELTRAN-BELL

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DECISION TO SET ASIDE

 

1.       In light of the evidence now produced showing that the appellant was granted entry clearance on 1 February 2017 and that her appeal was confirmed as withdrawn in a Notice of Withdrawal issued by the First-tier Tribunal on 9 March 2017, it is clear that the appeal before First-tier Tribunal Judge Jones on 5 April 2017 was a nullity.

 

2.       On the basis that there was a procedural irregularity in the proceedings, in that Judge Jones was clearly unaware of the fact that the appeal had been withdrawn, his decision is hereby set aside under Rule 43 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

 

3.       The appeal is confirmed as withdrawn.

 

 

Signed Date: 28 July 2017

Upper Tribunal Judge Kebede