EA/04018/2020

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: UI-2021-000915
EA/04018/2020

THE IMMIGRATION ACTS

Done at Field House
On the 15 June 2022
Decision & Reasons Promulgated
On the 15 June 2022


Before

UPPER TRIBUNAL JUDGE PERKINS

Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

ARTAR KUCUKU
Respondent
DETERMINATION AND REASONS
1. The Secretary of State has permission to appeal a decision of the First-tier Tribunal allowing the respondent’s appeal against a decision of the Secretary of State refusing him a derivative residence card confirming that he is the primary carer of a British dependant.
2. The appeal is listed for hearing before me tomorrow, 16 June 2022, but I have received by e-mail a message from the Secretary of State, endorsed in very clear terms by the respondent, confirming that neither party wants the appeal to continue because the respondent has indefinite leave to remain in the United Kingdom and has had leave since 14 September 2020.
3. As the appeal is an appeal against an EEA decision only some parts of the Nationality, Immigration and Asylum Act 2002 apply. The provisions of section 104(4A) leading to abandonment by operation of law do not apply.
4. Clearly neither party wants the hearing to continue.
5. In the circumstances I have decided to ALLOW the Secretary of State’s appeal without considering the merits.
6. This does not change the indefinite leave to remain that the respondent enjoys and is intended to make clear that my decision neither endorses nor criticises the First-tier Tribunal’s decision but does dispose of an appeal that is serving no useful purpose.
Notice of Decision
7. The Secretary of State’s appeal is allowed without considering its merits.

Jonathan Perkins
Signed

Jonathan Perkins

Judge of the Upper Tribunal
Dated 15 June 2022