IA/08227/2013

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/08227/2013


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 10 March 2015
On 12 March 2015



Before

UPPER TRIBUNAL JUDGE ESHUN


Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

ISMAIL GUTALE
Respondent


Representation:
For the Appellant: Mr. T Wilding, HOPO
For the Respondent: Ms G Mellon, Counsel


DECISION

1. Mr Wilding made an application for permission under Rules 17 of the Upper Tribunal Procedure Rules to withdraw the Secretary of State's decision so that the respondent's case can be reconsidered. The application which had been made in writing on 9 March 2015 was principally based of the country guidance case of MOJ & Ors (Return to Mogadishu) (Rev 1) CG [2014] UKUT 442. This was opposed by Ms Mellon who relied on the Upper Tribunal's decision in SM (withdrawal of appealed decision: effect) Pakistan [2014] UKUT 00064.

2. After hearing submissions by the parties, I decided to accept the Secretary of State's application to withdraw her decision in this case.

3. Consequently, the appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 is no longer pending.



Signed Date 10 March 2015

Upper Tribunal Judge Eshun