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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/44716/2013

 

THE IMMIGRATION ACTS

Heard at Manchester	Determination Promulgated
On 18 December 2015	On 4 January 2016

 

Before

 

Deputy Upper Tribunal Judge Pickup

 

Between

 

Secretary of State for the Home Department

 

Appellant

and

 

Olga Novoselova

[No anonymity direction made]

 

Claimant

 

Representation :

 

For the claimant: Mr M Schwenk, instructed by GM Immigration Aid Unit

For the respondent: Mr A McVeety, Senior Home Office Presenting Officer

 

NOTICE OF CONSENT TO WITHDRAWAL OF APPEAL

1.              The claimant, Olga Novoselova, date of birth 22.7.57, is a citizen of Russia.

2.              The Secretary of State appealed against the determination of First-tier Tribunal Judge Williams, who allowed the claimant's appeal against the decision of the Secretary of State to refuse her application for an EEA Residence Card and to refuse her human rights claim.

3.              First-tier Tribunal Judge Grimmett granted permission to appeal on 13.5.15.

4.              Thus the matter came before me on 18.12.15 as an appeal in the Upper Tribunal.

5.              However, at the appeal hearing Mr McVeety sought permission to withdraw the appeal of the Secretary of State, explaining that the Secretary of State has reconsidered and will now issue an EEA Residence Card.

6.              In the circumstances, the Tribunal gives its consent to the withdrawal of the appeal, pursuant to Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

7.              It follows that there are no extant proceedings before the Tribunal.

8.              The decision of the First-tier Tribunal promulgated 11.3.15 shall stand and the appeal remains allowed.

Signed

Deputy Upper Tribunal Judge Pickup

 

Anonymity

I have considered whether any parties require the protection of any anonymity direction. No submissions were made on the issue. The First-tier Tribunal did not make an order.

Given the circumstances, I make no anonymity order.

Fee Award Note: this is not part of the determination.

In the light of the above, I have considered whether to make a fee award.

I have had regard to the Joint Presidential Guidance Note: Fee Awards in Immigration Appeals (December 2011).

I make no fee award.

Reasons: There is no extant appeal and thus I can make no fee award.

 

Signed

Deputy Upper Tribunal Judge Pickup