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

Upper Tribunal Appeal Number: IA267602015

(Immigration and Asylum Chamber)

 

THE IMMIGRATION ACTS

Decision Promulgated and sent on

9 ^th June 2017

MISS HAJA ALIMATU JALLOH

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

NOTICE OF WITHDRAWAL

(pursuant to rule 17 Tribunal Procedure (Upper Tribunal) Rules 2008)

 

1.       The Appellant was granted permission to appeal to the Upper Tribunal against a decision of First-tier Tribunal Judge Twydell who, by a decision promulgated on 3 October 2016 dismissed the Appellant's appeal brought against the Respondent's decision of 17 July 2015 refusing her a derivative residence card as the primary carer of her British citizen child. Permission to appeal was granted by First-tier Tribunal Judge Saffer on 27 April 2017.

 

2.       The appeal came before me for an error of law hearing on 8 June 2017. At the outset of the hearing, Mr Jarvis, Senior Home Office Presenting Officer, indicated that the Respondent conceded that the Appellant is entitled to a derivative residence card on the basis sought. He therefore gave an undertaking on behalf of the Respondent that a residence card would be issued to the Appellant as soon as possible and in any event within six months.

 

3.       On the basis of the undertaking given by the Respondent, Mr Bello, the Appellant's representative, indicated that she wished to withdraw her appeal.

 

4.       Paragraph 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that a party may withdraw its case before the Upper Tribunal only with the consent of the Tribunal. If the Tribunal does so consent this would amount to a final disposal of the appeal before the Upper Tribunal.

 

5.       The appeal is now academic for the reasons above. I therefore consent to withdrawal of the Appellant's case. This amounts to final disposal of the Appellant's appeal to this Tribunal.

 

Upper Tribunal Judge Smith Dated: 8 June 2017