Tribunal decisions

The decision

The Upper Tribunal
(Immigration and Asylum Chamber) Appeal numbers: IA/01191/2014
IA/01182/2014

THE IMMIGRATION ACTS

Determination Promulgated
On 11 September 2014

Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

RASMI KHANAL TIMSINA
CHANDANI BABU TIMSINA

Respondents

CONSENT TO WITHDRAWAL PURSUANT TO
RULE 17 OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

1. The appellant has been granted permission to appeal to the Upper Tribunal against a decision of First-tier Tribunal Judge Handley who, by a determination promulgated on 15 May 2014, allowed the respondents' appeals brought before the First-tier Tribunal against the refusal to grant them leave to remain as a Tier 4 (General) Student Migrant and as a Dependant Partner of a Points Based Migrant under the Points-Based System.

2. The Upper Tribunal has received a letter from the Secretary of State dated 14 August 2014 in which she states that she wishes to withdraw her case before the Upper Tribunal and to reconsider the applications.
3. Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides for a party to withdraw its case before the Upper Tribunal, with the consent of the Tribunal.
4. In the light of a letter dated 5 September 2014 from the respondents' solicitors agreeing to that course, the Tribunal hereby gives consent to the appellant withdrawing her case.
5. The effect of the appellant's case being withdrawn from the Upper Tribunal is that the proceedings before the Upper Tribunal are at an end.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 decision of the First-tier Tribunal shall stand.

Upper Tribunal Judge Kebede
8 September 2014