IA/14326/2013

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The decision


IAC-AH-SC-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/14326/2013


THE IMMIGRATION ACTS


Heard at Centre City Tower, Birmingham
Decision & Reasons Promulgated
On 12th April 2016
On 20th April 2016




Before

DEPUTY UPPER TRIBUNAL JUDGE M A HALL

Between

Lumturije Bercaj
(ANONYMITY DIRECTION NOT MADE)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: No representation
For the Respondent: Mr D Mills, Senior Home Office Presenting Officer


Notice of Abandonment

1. The Appellant is a female Albanian citizen born 23rd July 1983.
2. By way of a decision promulgated on 16th March 2015 the First-tier Tribunal dismissed the Appellant's appeal against the Respondent's decision to refuse her leave to remain in the United Kingdom. The Appellant's application had been based upon her private life.
3. The Appellant was granted permission to appeal to the Upper Tribunal on 14th July 2015.
4. The Appellant did not attend the hearing before the Upper Tribunal. Mr Mills advised that the Appellant had voluntarily left the United Kingdom on 21st July 2015, and produced extracts from Home Office records confirming this. Mr Mills submitted that the appeal had been abandoned.
5. I am satisfied that the Appellant voluntarily left the United Kingdom on 21st July 2015. I set out below section 92(8) of the Nationality, Immigration and Asylum Act 2002;
"Where an Appellant brings an appeal from within the United Kingdom but leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned unless the claim to which the appeal relates has been certified under section 94(1) or (7) or section 94B."
6. The Appellant's claim had not been certified and therefore the appeal must be treated as abandoned, as the Appellant voluntarily left the United Kingdom after bringing her appeal.
7. A notice is to be sent to the parties pursuant to rule 17A of The Tribunal Procedure (Upper Tribunal) Rules 2008 confirming that the appeal is being treated as abandoned.
Notice of Decision

The appeal is abandoned.

No anonymity direction is made.



Signed Date


Deputy Upper Tribunal Judge M A Hall 12th April 2016