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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: aa/07730/2015

 

THE IMMIGRATION ACTS

 

Heard at Stoke	Determination Promulgated
On 14 April 2016	On 3 June 2016

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE GRIMES

 

Between

 

MRS NABILA MULDIA MANSOR

Appellant

and

 

Secretary of State FOR THE HOME DEPARTMENT

Respondent

 

Representation :

For the Appellant: no appearance

For the Respondent: Ms C Johnstone, Home Office Presenting Officer

NOTICE OF WITHDRAWAL

1.              The appellant, a citizen of Libya, appealed to the First-tier Tribunal against a decision of the Secretary of State to refuse her application for asylum in the UK. First-tier Tribunal Judge Ransley dismissed the appeal and the appellant appeals with permission to this Tribunal.

2.              In advance of the hearing the appellant's representatives informed the Upper Tribunal in a letter dated 12 April 2016 that the appellant had returned to Libya on 7 April 2016 under the Voluntary Return Scheme. At the hearing Ms Johnstone submitted a copy of a Notice of Withdrawal of asylum application/appeal signed by the appellant on 5 March 2016.

3.              I am satisfied on the basis of this evidence that the appellant withdrew her outstanding appeal before leaving the UK voluntarily. In these circumstances I consent to the withdrawal of the appellant's appeal in accordance with Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

4.              In this case the Secretary of State was also granted Permission to Appeal on the basis of her application for the First-tier Tribunal Judge's decision to be amended under Rule 31 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. This application was made because, in what has been accepted by the appellant in paragraph 2 of her grounds of appeal to the Upper Tribunal as a mistake, the First-tier Tribunal Judge stated under the heading 'Notice of Decision' that the appeal was allowed on humanitarian grounds. In light of the fact that the appellant's appeal has been withdrawn the decision of the First-tier Tribunal Judge should be returned to the First-tier Tribunal for consideration of the Secretary of State's application to correct the decision under Rule 31.

5.              I hereby record that the appellant appeal against the decision of the First-tier Tribunal has been withdrawn under Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008. There is therefore no appeal before the Upper Tribunal.

 

 

Signed Date: 14 April 2016

 

 

A Grimes

Deputy Judge of the Upper Tribunal