Tribunal decisions

The decision

Upper Tribunal
Appeal number: AA/02541/2012

(Immigration and Asylum Chamber)

THE IMMIGRATION ACTS

Heard at Field House
Determination Promulgated
On 9 October 2013
On 10 October 2013

Before

UPPER TRIBUNAL JUDGE GLEESON

Between

T A
(anonymity order made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

NOTICE OF WITHDRAWAL
(The Tribunal Procedure (Upper Tribunal) Rules 2008, rule 17, and
The Asylum and Immigration Tribunal (Procedure) Rules 2005, rule 17)
Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant has been granted anonymity throughout these proceedings and after their conclusion, absent any order to the contrary by the Upper Tribunal or any other Court seised of relevant proceedings. No report of these proceedings, in whatever form, either during the proceedings or thereafter, shall directly or indirectly identify the appellant. Failure to comply with this order could lead to a contempt of court.
1. The appellant, a Palestinian who formerly resided in Lebanon in the Ain Ehilwa camp, and who has never lived in Palestine, appealed against the First-tier Tribunal determination dismissing his appeal against the Secretary of State refusal to grant him refugee status, humanitarian protection or leave to remain on human rights grounds, and to subject him to administrative removal pursuant to s.10 of the Immigration and Asylum Act 1999.
2. The grounds of appeal, and the argument, in all three hearings to date, all deal with the risk on return to Lebanon, with the appellant being described by the respondent as a national of 'Palestinian Authority (Refugee in Lebanon)' in the letter of refusal, 'Palestinian Authority' in the removal directions, and as a 'citizen of the Palestinian Authority' or a 'citizen of Palestine' in the First-tier Tribunal determinations.
3. The appellant cannot be a citizen of Palestine or of the Palestinian Authority, since neither is presently a recognised State. It appears that his parents have refugee status in Lebanon and that the appellant lived there, albeit in a different camp from his parents, with refugee status documents, before coming to the United Kingdom as a student on a Tier 4 (General) student visa in November 2010. That visa expired without being renewed on 12 August 2011 and the appellant applied for asylum on 13 October 2011.
4. The Secretary of State's refusal letter giving reasons why the appellant could properly be removed to Lebanon dated 23 February 2012 was accompanied by removal directions to the 'Palestinian Authority' dated 27 February 2012. Ms Ong accepted that the respondent had never purported to set removal directions under s.10 or any other provision in which the appellant would be returned to the Lebanon.
5. The removal directions were the subject of an appeal to the First-tier Tribunal. The first immigration judge's determination was successfully appealed. It was set aside, and the appeal was heard afresh in the First-tier Tribunal by First-tier Tribunal Judge Andonian. That is the decision against which the present appeal lies.
6. At the hearing, when her attention was drawn to the difference between the removal directions and the refusal letter, Ms Ong asked for a short adjournment to enable her to take instructions, and then indicated that the Secretary of State would withdraw the removal directions.
7. That decision operates as a withdrawal of the Secretary of State's case before the Upper Tribunal and the First-tier Tribunal, pursuant to rules 17 of the Upper Tribunal and First-tier Tribunal Procedure Rules, respectively.
8. On behalf of the Upper Tribunal, and in my capacity as a judge of the First-tier Tribunal, I consent to those withdrawals. There is therefore no longer an outstanding appeal before either Tribunal.
Date: Signed
Judith Gleeson
Judge of the Upper Tribunal