Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal numbers: AA/02854/2012
AA/11446/2011
AA/10809/2011
AA/12363/2011

THE IMMIGRATION ACTS

Heard at Field House
Decision and Reasons Promulgated on:
On 21 March 2016
On 3 May 2016

Before

UPPER TRIBUNAL JUDGE GLEESON

Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

JOO JAE LEE
SEOL HEE LEE
CHUNG IL LEE
DONG IL LEE
Respondents

Representation
For the appellant: Mr K Norton, a Senior Home Office Presenting Officer
For the respondent: No appearance or representation.

NOTICE OF WITHDRAWAL
Pursuant to the Tribunal Procedure (Upper Tribunal) Rules 2008, rule 17
1. The Secretary of State appealed against the First-tier Tribunal determination allowing these appellants' appeals. Permission to appeal was granted to her by Designated Judge Peart because he considered the First-tier Tribunal's findings to be arguably perverse in relation to the available medical treatment in South Korea.
2. The claimants did not appear at the hearing or arrange representation. At the hearing, Mr Norton who appeared for the Secretary of State explained that asylum had been granted to all of the claimants and their appeals were therefore abandoned by operation of law, pursuant to section 104(4A) of the Nationality, Immigration and Asylum Act 2002 (as amended) and paragraph 16 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (as amended).
3. The Secretary of State therefore sought to withdraw her case before the Upper Tribunal, under rule 17 of the Procedure Rules.
4. On behalf of the Upper Tribunal, and in my capacity as a judge of the First-tier Tribunal, I consent to that withdrawal.
5. There is therefore no longer an outstanding appeal before either the First-tier Tribunal or the Upper Tribunal.

Date: Signed: Judith AJC Gleeson
Upper Tribunal Judge Gleeson