IA/00813/2015 & Ors.

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: IA/00813/2015
IA/00817/2015
IA/00820/2015
IA/00823/2015
THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 3 August 2016
On 15 August 2016



Before

UPPER TRIBUNAL JUDGE RIMINGTON
Between

KIM [S]
ASPRAM [S]
[M S]
[D S]
(aNONYMITY DIRECTION NOT MADE)

Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation:

For the Appellant: No appearance
For the Respondent: Mr D Clark, Home Office Presenting Officer

DECISION AND REASONS

The Appellants
1. The appellants applied with permission to appeal against the decision of First-tier Tribunal Judge R Hopkins who refused the first appellant's appeal for leave to remain in the United Kingdom as a Tier 2 (General) Migrant under the points-based system and further refused the dependent appellants' appeals on the basis that the first appellant's appeal had been refused. The Secretary of State's decision was made on 3 December 2014.
2. Permission to appeal was granted by First-tier Tribunal Judge Gillespie on the basis that the judge had applied the wrong code in relation to the Tier 2 application but at the hearing before me, Mr Clarke on behalf of the Secretary of State for the Home Office, provided evidence to the effect that the appellants had voluntarily departed the United Kingdom on 13th May 2016 and as such the appeal had been abandoned.
3. At the hearing neither the appellants nor any representative attended but I was satisfied that the appellants had been advised of the date, time and venue of the hearing and that it was in the interests of justice to proceed in the absence of the appellants in the circumstances.
4. The appellants had applied on 25 November 2014 for a leave as Tier 2 (General) Migrant and dependants and that decision was made on 3 December 2014. Article 8 of the Immigration Act 2014 Commencement Number 4 Transitional and Savings Provisions and Amendment Order 2015 has amended Article 9 of the Immigration Act 2014 Commencement Number 3 Transitional and Saving Provisions Order 2014, to the effect that, under the amended Article 9 the saved provisions which included Section 104(4) of the Nationality, Immigration and Asylum Act 2004 which resided in part 5 of the Nationality, Immigration and Asylum Act 2002, continued to have effect on certain decisions and those decisions included
"A decision made before 6 April 2015 in relation to which, immediately before 6 April 2015, an appeal could have been bought or was pending under the saved provisions."
5. This appeal falls under that section and as such I conclude that the appellants having departed from the United Kingdom have indeed abandoned their appeal and therefore there is no longer an appeal before me.
No anonymity direction is made.


Signed

Upper Tribunal Judge Rimington Date 12th August 2016