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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/01241/2017

 

 

THE IMMIGRATION ACTS

At Field House	NOTICE OF DECISION
On 7 December 2017	On 8 December 2017

 

Before

 

UPPER TRIBUNAL JUDGE CANAVAN

 

 

Between

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

and

 

M G

(ANONYMITY DIRECTION CONTINUED)

Respondent

 

 

NOTICE OF DECISION

Rule 17 withdrawal

 

1. The Secretary of State was granted permission to appeal to the Upper Tribunal against a decision of First-tier Tribunal Judge Moxon who, by a determination promulgated on 12 June 2017, allowed the appeal of the appellant before the First-tier Tribunal (the respondent in this appeal) on Humanitarian Protection grounds.

 

2. The Upper Tribunal received correspondence dated 04 December 2017 from the Secretary of State saying that she wishes to withdraw her case.

 

3. Paragraph 17 of The Tribunal Procedure (Upper Tribunal) Rules 2008 provides for a party to withdraw its case before the Upper Tribunal only with the consent of the Tribunal. If the Tribunal does so consent this amounts to a final disposal of the appeal before the Upper Tribunal.

 

4. There does not appear to have been a cross-appeal by the First-tier Tribunal appellant against Judge Moxon's decision to dismiss the appeal on Refugee Convention grounds.

 

5. Subject to consideration being given to any request received from either party to the contrary by 16.00 hrs on 14 December 2017, the Upper Tribunal consents to the Secretary of State withdrawing her case before the Upper Tribunal. If no further representations are made the withdrawal will take effect from that date and time.

 

6. The effect of the withdrawal will be that the First-tier Tribunal shall stand and the Upper Tribunal will take no further action.

 

 

Signed Date 07 December 2017

 

Upper Tribunal Judge Canavan