AA/07730/2015

• Status of case: Unreported
• Hearing date: 14 Apr 2016
• Promulgation date: 3 Jun 2016
• Publication date: 5 Jun 2017
• Last updated on: 5 Jun 2017

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: aa/07730/2015

THE IMMIGRATION ACTS

Heard at Stoke
Determination Promulgated
On 14 April 2016
On 3 June 2016



Before

DEPUTY UPPER TRIBUNAL JUDGE GRIMES

Between

MRS NABILA MULDIA MANSOR
Appellant
and

Secretary of State FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: no appearance
For the Respondent: Ms C Johnstone, Home Office Presenting Officer
NOTICE OF WITHDRAWAL
1. The appellant, a citizen of Libya, appealed to the First-tier Tribunal against a decision of the Secretary of State to refuse her application for asylum in the UK. First-tier Tribunal Judge Ransley dismissed the appeal and the appellant appeals with permission to this Tribunal.
2. In advance of the hearing the appellant's representatives informed the Upper Tribunal in a letter dated 12 April 2016 that the appellant had returned to Libya on 7 April 2016 under the Voluntary Return Scheme. At the hearing Ms Johnstone submitted a copy of a Notice of Withdrawal of asylum application/appeal signed by the appellant on 5 March 2016.
3. I am satisfied on the basis of this evidence that the appellant withdrew her outstanding appeal before leaving the UK voluntarily. In these circumstances I consent to the withdrawal of the appellant's appeal in accordance with Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008.
4. In this case the Secretary of State was also granted Permission to Appeal on the basis of her application for the First-tier Tribunal Judge's decision to be amended under Rule 31 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. This application was made because, in what has been accepted by the appellant in paragraph 2 of her grounds of appeal to the Upper Tribunal as a mistake, the First-tier Tribunal Judge stated under the heading 'Notice of Decision' that the appeal was allowed on humanitarian grounds. In light of the fact that the appellant's appeal has been withdrawn the decision of the First-tier Tribunal Judge should be returned to the First-tier Tribunal for consideration of the Secretary of State's application to correct the decision under Rule 31.
5. I hereby record that the appellant appeal against the decision of the First-tier Tribunal has been withdrawn under Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008. There is therefore no appeal before the Upper Tribunal.


Signed Date: 14 April 2016


A Grimes
Deputy Judge of the Upper Tribunal