(Immigration and Asylum Chamber) Appeal Number: AA/16777/2010
THE IMMIGRATION ACTS
Heard at Field House
On 23 October 2013
On 25 October 2013
UPPER TRIBUNAL JUDGE PINKERTON
MR VASANTHAROOBAN KANTHASAMY
(anonymity direction not made)
For the Appellant: Ms S Jegarajah
For the Respondent: Mr S Walker
NOTICE OF WITHDRAWAL OF DECISION TO REMOVE
1. The appellant applied for asylum. A decision was made to refuse his application and to remove him as an illegal entrant from the United Kingdom.
2. The appellant appealed the decision. The appeal was heard by a judge in the First-tier Tribunal who dismissed the appeal. Ultimately and by consent that decision was set aside by the Court of Appeal and the case remitted to the Upper Tribunal “for reconsideration”.
3. Before me and after consideration of the evidence provided on the day of the hearing, Mr Walker, on behalf of the respondent, indicated that the appellant was to be granted three years’ discretionary leave on the basis of the appellant’s ongoing mental health problems and the fact of his marriage. For those reasons Mr Walker was instructed on behalf of the respondent to withdraw the decision which is the subject of this appeal under Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (as amended).
4. I consider that the respondent has power at any time to withdraw her decision and does not need my consent to do so but insofar as I may be wrong about that then my consent is given and Ms Jegarajah on behalf of the appellant was content with the position.
5. In the circumstances there is no longer any adverse decision against which a valid appeal lies.
6. No request for anonymity was made and in the circumstances I see no need for such a direction.
Upper Tribunal Judge Pinkerton