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


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> AA079472013 [2014] UKAITUR AA079472013 (30 January 2014)
URL: http://www.bailii.org/uk/cases/UKAITUR/2014/AA079472013.html
Cite as: [2014] UKAITUR AA79472013, [2014] UKAITUR AA079472013

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    Upper Tribunal

    (Immigration and Asylum Chamber) Appeal Number: AA/07947/2013

     

     

    THE IMMIGRATION ACTS

     

     

    Heard at Field House

    Determination Promulgated

    On 9th January 2014

    On 30th January 2014

     

     

     

     

    Before

     

    UPPER TRIBUNAL JUDGE REEDS

     

    Between

     

    THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

     

    Appellant

     

    and

     

    SHYRYRI ISMAILI

    Respondent

     

     

    Representation:

     

    For the Appellant: Mr Jarvis, Senior Home Office Presenting Officer

    For the Respondent: The appellant in person

     

    NOTICE OF WITHDRAWAL

    pursuant to Rule 17 (5) of the Tribunal Procedure (Upper Tribunal) Rules 2008

     

    1.                 By an application made orally, the Secretary of State has notified the Upper Tribunal that she wished to withdraw the appeal.

     

     

    2.                 Paragraph 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides for a party to withdraw its case before the UT with the consent of the Tribunal but there is no provision for a party to withdraw the appeal before the Upper Tribunal. Therefore the Appellant’s oral request that they do not intend to pursue the appeal, serves only as notice of withdrawal of their case before the UT which takes effect because the UT now provides consent required by paragraph 17(2).

     

    3.                 Therefore, pursuant to Rule 17(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008, as a notice of withdrawal will not take effect until the Upper Tribunal consents to the withdrawal, I now give that consent.

     

    OUTCOME

     

    The appeal is withdrawn.

     

     

     

     

     

    UPPER TRIBUNAL JUDGE REEDS

    25 February 2014

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     


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URL: http://www.bailii.org/uk/cases/UKAITUR/2014/AA079472013.html