IA/01952/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/01952/2015


THE IMMIGRATION ACTS


Done at Field House
Decision Promulgated
On 5 January 2017
On 6 January 2017



Before

UPPER TRIBUNAL JUDGE PERKINS


Between

Jefter Ferdlindo Legister
Appellant
and

Secretary of State for the Home Department
Respondent
DETERMINATION AND REASONS
1) Having read the grounds supporting the application for permission to appeal, the grant of permission to appeal and, most importantly, the letter from Mr J Parkinson, Senior Home Office Presenting Officer, sent by e-mail on 5 January 2017, stating that the respondent does not oppose the appeal and does not seek an oral hearing, I am satisfied that the appeal can be dealt with justly without a hearing.
2) It is plain that the Appellant had withdrawn his appeal before the First-tier Tribunal purported to decided it. The decision to withdraw the appeal did not come to the attention of the First-tier Tribunal Judge, who, erroneously, purported to determine an appeal that had already been withdrawn.
3) It follows that the First-tier Tribunal erred in law. I set aside the decision of the First-tier Tribunal and substitute a decision that the appeal to the First-tier Tribunal had been abandoned.
4) To the extent indicated above, the appeal to the Upper Tribunal is allowed.


Signed

Jonathan Perkins
Judge of the Upper Tribunal

Dated 5 January 2017