AA/05321/2009
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The decision
IAC-FH-NL-V1
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/05321/2009
THE IMMIGRATION ACTS
Heard at Birmingham
Decision & Reasons Promulgated
On 12 January 2015
On 29 January 2015
Before
UPPER TRIBUNAL JUDGE DAWSON
Between
M B M
(ANONYMITY DIRECTION Made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: No appearance
For the Respondent: Mr Mills, Senior Presenting Officer
CONSENT TO WITHDRAWAL OF APPEAL
1. By letter dated 7 January 2015 the appellant's representatives indicated that the appellant had decided to withdraw his appeal in the Upper Tribunal as the Respondent had confirmed that the (pending) application for leave to remain will be considered in due course.
2. Mr Mills confirmed that the appellant has an application made in time pending before the Secretary of State which will require her to consider all grounds including the Human Right Convention Article 8 if this has been raised. As the appeal before me was an upgrade appeal pursuant to s.83, this aspect would not be within my jurisdiction had the matter proceeded.
3. Accordingly I am satisfied that there are sound reasons for the appellant having decided to withdraw and I give my consent. These proceedings have been withdrawn with the consequence that there is no longer any outstanding challenge to the decision of the AIT.
Signed Date 29 January 2015
Upper Tribunal Judge Dawson
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/05321/2009
THE IMMIGRATION ACTS
Heard at Birmingham
Decision & Reasons Promulgated
On 12 January 2015
On 29 January 2015
Before
UPPER TRIBUNAL JUDGE DAWSON
Between
M B M
(ANONYMITY DIRECTION Made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: No appearance
For the Respondent: Mr Mills, Senior Presenting Officer
CONSENT TO WITHDRAWAL OF APPEAL
1. By letter dated 7 January 2015 the appellant's representatives indicated that the appellant had decided to withdraw his appeal in the Upper Tribunal as the Respondent had confirmed that the (pending) application for leave to remain will be considered in due course.
2. Mr Mills confirmed that the appellant has an application made in time pending before the Secretary of State which will require her to consider all grounds including the Human Right Convention Article 8 if this has been raised. As the appeal before me was an upgrade appeal pursuant to s.83, this aspect would not be within my jurisdiction had the matter proceeded.
3. Accordingly I am satisfied that there are sound reasons for the appellant having decided to withdraw and I give my consent. These proceedings have been withdrawn with the consequence that there is no longer any outstanding challenge to the decision of the AIT.
Signed Date 29 January 2015
Upper Tribunal Judge Dawson