(Immigration and Asylum Chamber) Appeal Number: VA 38034 2012
THE IMMIGRATION ACTS
Decided at Field House
On 31 July 2013
On 7 August 2013
UPPER TRIBUNAL JUDGE DAWSON
DETERMINATION AND REASONS
1. Directions dated 15 July 2013 were sent to the parties in these terms:
The respondent has been granted permission to appeal to the Upper Tribunal against a decision of First-tier Tribunal Judge Archer who by a determination promulgated on 29 May 2013 allowed the appellant’s appeal brought against the ECO’s decision of 14 November 2012 refusing her application for entry clearance.
The Upper Tribunal has received a letter by fax dated 11 July 2013 from the appellant’s sponsor (her son) in which he states that he would like to withdraw the appeal and ‘ close the case ‘.
Paragraph 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides for a party to withdraw this 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.
Subject to consideration being given to any request received from either party to the contrary by 4 PM on 22nd July 2013, the Upper Tribunal proposes to consent to the respondent withdrawing her case for the Upper Tribunal and allow the appeal by the ECO.
2. There has been no response from either party.
3. In the light all the indication by the appellant’s son of his wish to withdraw the appeal and ‘ close the case ‘ there is no longer any opposition up by the appellant to the appeal by the ECO in the Upper Tribunal and as indicated in my directions that appeal is allowed. I reach this conclusion without any assessment of the merits of Are you the appeal and do so simply because the appeal initiated in the First-tier Tribunal has been has been withdrawn.
Signed Date 31 July 2013
Upper Tribunal Judge Dawson