(Immigration and Asylum Chamber) Appeal Number: E A/05124/2017
THE IMMIGRATION ACTS
Heard at Field House
Decision & Reasons Promulgated
On 14 March 2019
On 18 March 2019
DEPUTY UPPER TRIBUNAL JUDGE JORDAN
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Secretary of State: Mr T. Melvin, Senior Presenting Officer
For the Respondent: No appearance
DECISION AND REASONS
1. The Secretary of State is the appellant in the Upper Tribunal.
2. Mr Sall and his solicitors, Waterstone Solicitors, were advised of the hearing date and have acknowledged it in Waterstone's letter of 12 March 2019.
3. In the letter the appellant has sought to withdraw his appeal but, in doing so, fails to acknowledge that it is the Secretary of State who remains the appellant, even in the re-making of the decision. As a respondent to the appeal in the Upper Tribunal, Mr Sall is not permitted to withdraw the appeal.
4. There was no appearance of Mr Sall or his representative at the hearing before me. This is unsurprising given his wish no longer to participate in the appeal. In particular, he has failed to adduce the evidence necessary to demonstrate that, as an adult in paid employment, he was unable to support himself on his income and therefore fell to be considered as a dependant of his father.
Having found that the decision of the First-tier Tribunal should be set aside,
(i) I allow the appeal of the Secretary of State;
(ii) I re-make the decision by dismissing the appeal of Mr Sall against the decision of the Secretary of State made on 12 May 2017 refusing his application for a permanent residence card.
DEPUTY UPPER TRIBUNAL JUDGE
14 March 2019