IA/14824/2015

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/14824/2015


THE IMMIGRATION ACTS


Decided at: Field House
Determination Promulgated
On: 21 November 2016
On: 22 November 2016



Before

UPPER TRIBUNAL JUDGE KEBEDE


Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

AWAIS ALI ABBASI
Respondent


DECISION AND REASONS
1. The Secretary of State has been granted permission to appeal to the Upper Tribunal against a decision of the First-tier Tribunal allowing Mr Abbasi's appeal against the decision to refuse his application for leave to remain as a Tier 4 (General) Student Migrant.
2. The following Directions were issued on 4 November 2016:
DIRECTIONS
"1. The respondent, a citizen of Pakistan, appealed against the decision to refuse his application for leave to remain in the United Kingdom as a Tier 4 (General) Student Migrant. First-tier Tribunal Judge Baker allowed the appeal and permission has been granted for the Secretary of State to challenge that decision.
2. According to the appellant in the grounds seeking permission to appeal, the respondent voluntarily departed from the UK on 4 November 2015 subsequent to lodging his Notice of Appeal, but prior to the appeal hearing on 26 February 2016, and thus abandoned his appeal before the First-tier Tribunal.
3. It is proposed, in the circumstances, that the Secretary of State's appeal against Judge Baker's decision be allowed, that Judge Baker's decision be set aside and that Mr Abbasi's appeal against the Secretary of State's decision refusing to vary his leave be treated as abandoned.
4. In the absence of any reasonable objection to the above, no later than 14 days from the date these directions are sent out, the above proposal shall come into effect."
3. There has been no objection to the above course, as set out at 3 and 4 of the directions.
4. Accordingly, I set aside the decision of Judge Baker allowing Mr Abbasi's appeal. Mr Abbasi's appeal against the Secretary of State's decision refusing his application for leave to remain is treated as having been abandoned, with reference to [5] of the Secretary of State's grounds.


Signed

Upper Tribunal Judge Kebede