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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/09711/2014

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination Promulgated
On 14 August 2014	On 20 August 2014

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE APPLEYARD

 

Between

 

Miss Aasma Shaheen

Appellant

 

and

 

THE Secretary of State FOR THE Home Department

Respondent

 

 

 

NOTICE OF WITHDRAWAL

1.             The appellant is a citizen of Pakistan who applied for leave to remain in the United Kingdom as a Tier 2 Migrant under the points-based system and against whom the respondent made directions pursuant to Section 47 of the Immigration, Asylum and Nationality Act 2006 to remove her.

2.             She appealed the respondent’s decision and in a determination promulgated on 6 June 2014 Judge of the First‑tier Tribunal Lester dismissed the appellant’s appeal. In so doing she recorded at paragraph 16 that the Section 47 direction was invalid by reason of the authority of Ahmadi v SSHD [2013] EWCA Civ 512 and then dismissed the appeal under the Immigration Rules.

3.             The appellant sought permission to appeal. However, it was not granted. The judge did though, of his own volition, grant permission on what he deemed to be a “Robinson obvious” point. He found that the Section 47 decision was not invalid as the judge had failed to take account of Section 51 of the Crime and Courts Act 2013.

4.             The appellant’s representatives wrote to the Tribunal in a letter dated 11 August 2014 asking for her appeal to be withdrawn.

5.             Whilst the judge did err in her consideration of Section 47 I would not have found that this was a material error. However, in light of the correspondence from those representing the appellant I treat these proceedings as now being concluded by reason of the appellant withdrawing her appeal.

 

 

 

 

 

 

Signed Date 19 August 2014.

 

 

Deputy Upper Tribunal Judge Appleyard