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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Numbers: OA/05170/2013

 

 

 

THE IMMIGRATION ACTS

 

 

Heard at Newport, Cardiff	Determination Promulgated
On 25 March 2014	On 1st April 2014

 

Before

 

The President, The Hon. Mr Justice McCloskey and

Vice-President Arfon-Jones

 

 

Between

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

and

 

LORNA PRINGLE KERR

Respondent

Representation:

 

Appellant: Mr Richards, Senior Home Office Presenting Officer

Respondent: Ms V Delgado (of Counsel), instructed by Duncan Lewis Solicitors

 

 

DETERMINATION AND REASONS

 

1.              This appeal has its origins in a decision of the Entry Clearance Officer of Kingston, Jamaica whereby the Respondent’s application to settle in the United Kingdom was refused. The Respondent’s appeal against this decision was allowed by the First-tier Tribunal. The Secretary of State was subsequently granted permission to apply to this Tribunal.

 

2.              Upon the hearing of this appeal, Mr Richards, representing the Secretary of State, applied for permission to withdraw the appeal. Elaborating, he explained that when the grounds of appeal were prepared no consideration was given to Counsel’s notes of the hearing or the Respondent’s bundle of evidence. Mr Richards also referred to the Respondent’s Rule 24 Notice. His application was grounded on a concession that the appeal is not sustainable.

 

3.                  We acceded to the application. Accordingly, the Secretary of State is granted permission to withdraw the appeal under Rule 17(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008.

 

 

 

 

 

 

Signed:

 

THE HON. MR JUSTICE MCCLOSKEY

PRESIDENT OF THE UPPER TRIBUNAL

IMMIGRATION AND ASYLUM CHAMBER

 

Date: 27 March 2014