IA/10763/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/10763/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 26 September 2016
On 27 September 2016



Before

UPPER TRIBUNAL JUDGE O'CONNOR


Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

LEROY ADOLPHUS
(anonymity direction NOT MADE)
Respondent


Representation:
For the Appellant: Ms A Brocklesby-Weller
For the Respondent: Not represented


DECISION AND REASONS
1. The respondent is a national of Guyana, born 24 July 1982. In a decision of 9 November 2015 the First-tier Tribunal allowed his appeal against a decision of the SSHD, made on 4 March 2015, refusing to vary his leave and setting directions for his removal pursuant to section 47 of the Immigration Asylum and Nationality Act 2006.
2. The SSHD appeals to the Upper Tribunal with the permission of FtT Judge Parks dated 21 April 2016.
3. It transpires that the respondent left the country on 27 August 2015, after lodging his appeal before the FtT but before the FtT's decision.
4. As a consequence, the respondent's appeal fell to be treated as abandoned as of 27 August 2015, pursuant to the operation of s.104(4) of the Immigration, Asylum and Nationality Act 2002 (as it was prior to amendment by SI 2771 of 2014).
5. The First-tier Tribunal's decision must therefore be set aside because it had no jurisdiction to determine the appeal, there being no valid appeal before it on 9 November 2015. This conclusion also disposes of the proceedings before the Upper Tribunal.


Signed:

Upper Tribunal Judge O'Connor
Date: 26 September 2016