AA/05141/2013

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The decision


Upper Tribunal Appeal Number: AA/05141/2013
(Immigration and Asylum Chamber)

THE IMMIGRATION ACTS

Determined at Field House
Notice sent
On: 19 September 2013
On: 19 September 2013

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Before

UPPER TRIBUNAL JUDGE O'CONNOR

Between

Mr Vladimir Ramaj
Appellant
and

Secretary of State for the Home Department
Respondent

NOTICE OF WITHDRAWAL AND
REASONS FOR THE TRIBUNAL GIVING CONSENT
1. The appellant is a citizen of Albania. He appealed to the First-tier Tribunal against a decision of the Secretary of State of 13 May 2013. The First-tier Tribunal allowed this appeal on Article 3 and Humanitarian Protection grounds, in a determination signed on 30 July. These findings have not been challenged by the Secretary of State.
2. The First-tier Tribunal, however, dismissed the appeal brought on Refugee Convention grounds. The appellant was granted permission to appeal against this conclusion on the 21 August 2013.
3. By way of a letter to the Upper Tribunal dated 18 September 2013 the appellant, although maintaining he is entitled to Refugee Status, requests, for pragmatic reasons, permission to withdraw his appeal before the Upper Tribunal.
4. Consent of the Upper Tribunal is required for a party to withdraw its case. Having carefully considered the facts of this appeal as a whole, and observing that (i) the appellant is legally represented and (ii) the Secretary of State was successful before the First-tier Tribunal on the Refugee Convention ground, I give consent to the appellant to withdraw his case.
5. Accordingly with my consent, and pursuant to rule 17(5) of the Tribunal Procedure (Upper Tribunal) Rules 2008, this appeal is recorded as "Withdrawn with the consent of the Upper Tribunal". This is a Notice pursuant to rule 17(5) to inform the parties that the appellant's case is withdrawn.
6. The effect of the appellant's case being withdrawn from the Upper Tribunal is that the proceedings before the Upper Tribunal are at an end. There is no appeal before the Upper Tribunal and the First-tier Tribunal's decision shall stand.

Signed:

Upper Tribunal Judge O'Connor
Date: 19 September 2013