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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/29355/2015

 

 

THE IMMIGRATION ACTS

Heard at Bradford	Decision & Reasons Promulgated
On 2 nd May 2017	On 11 th May 2017

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE D E TAYLOR

 

 

Between

 

MUHAMMAD WASEEM AFZAL

(ANONYMITY DIRECTION NOT MADE)

Appellant

 

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

Representation :

 

For the Appellant: No appearance

For the Respondent: Mr Diwnycz, Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1.              This is the appellant's appeal against the decision of Judge Maxwell made following a hearing at Bradford on 29 ^th August 2016.

2.              The judge did not believe that there was a valid appeal before her because neither protection nor human rights were raised in the application or at any time before the refusal.

3.              The appellant sought permission to appeal. It was granted by Judge Kelly on 19 ^th January 2017. Judge Kelly considered that the respondent had unwittingly misled the Tribunal into believing that there was no valid right of appeal since it was more likely than not that the application was made on 21 ^st August 2014 and accordingly ought to have been dealt with under the old provisions of the 2002 Act.

4.              On 3 ^rd February 2017 the Secretary of State accepted that the appellant did have a right of appeal against the decision and that the judge was wrong to say that the appellant was covered by the new Section 82 of the Nationality, Immigration and Asylum Act 2002 which restricts the right of appeal to the Tribunal to cases where the Secretary of State had decided to refuse a protection claim or a human rights claim or where the Secretary of State had decided to revoke the appellant's protection status.

5.              The Secretary of State said however that the appellant had recently voluntarily made a departure from the UK. Mr Diwnycz produced evidence of that departure which was on 12 ^th December 2016. His representatives confirmed that Mr Afzal has returned to Pakistan.

6.              Accordingly, the appeal is treated as abandoned by virtue of Section 104(4) of the unamended Nationality, Immigration and Asylum Act 2002 because the appellant has left the UK.

Notice of Decision

7.              Appeal abandoned.

 

No anonymity direction is made.

 

 

 

 

Signed Date 10 May 2017

 

Deputy Upper Tribunal Judge Taylor