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

 

The Upper Tribunal

(Immigration and Asylum Chamber) Appeal number: IA/01095/2014

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision and Reasons Promulgated
On 27 th October 2015	6 th November 2015

Before

 

Upper Tribunal Judge Kopieczek

 

 

Between

 

SHIULI ROY

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

DECISION ON WITHDRAWAL PURSUANT TO RULE 17 OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

1.              This appeal came before me following a grant of permission to appeal against a decision of First-tier Tribunal Judge Balloch who dismissed an appeal against a decision by the respondent to refuse to issue a residence card.

2.              At the hearing before me the appellant sought to withdraw the appeal. Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that a party may give notice of the withdrawal of its case or part of it, subject to the consent of the Upper Tribunal. There is no provision for a party to withdraw the appeal before the Upper Tribunal. Having accepted that the purported withdrawal of the appellant's appeal is in effect a withdrawal of the appellant's case before the Upper Tribunal, I consented to that withdrawal.

3.              The effect therefore, is that the decision of the First-tier Tribunal is to stand.

 

 

Upper Tribunal Judge Kopieczek 3/11/15