(Immigration and Asylum Chamber) Appeal Numbers: OA/16010/2010
THE IMMIGRATION ACTS
Determined at Field House
On 6 August 2013
On 7 August 2013
UPPER TRIBUNAL JUDGE KOPIECZEK
ENTRY CLEARANCE OFFICER-ISTANBUL
DETERMINATION AND REASONS
1. On 25 October 2012 I gave the following directions:
1. The appellants have been granted permission to appeal to the Upper Tribunal against a decision of Immigration Judge Kelsey who, by a determination promulgated on 4 July 2011, dismissed the appellants’ appeals against decisions to refuse to grant entry clearance.
2. The Upper Tribunal has received a letter from the appellants’ legal representatives dated 19 October 2012 in which they write that “We are instructed that the Appellants in this case wish to withdraw their appeal.”
3. Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that a party may give notice of the withdrawal of its case or any part of it, subject to the consent of the Upper Tribunal. There is no provision for a party to withdraw the appeal before the Upper Tribunal. Therefore, the letter from the appellants’ legal representatives can serve only as a notice of withdrawal of the appellants’ case before the Upper Tribunal, to which the Upper Tribunal now consents.
4. Subject to any request received from either party to the contrary by 4.00 pm on 8 November 2012, the Upper Tribunal proposes to treat the determination of the First-tier Tribunal as unchallenged so that the appeals before the Upper Tribunal will be dismissed without a hearing.”
2. No response has been received to those directions and accordingly, the Upper Tribunal will determine the appeals in the manner indicated.
3. The appeals before the Upper Tribunal are dismissed and the decision of the First-tier Tribunal shall stand.
Upper Tribunal Judge Kopieczek