The decision



The Upper Tribunal
(Immigration and Asylum Chamber) Appeal number: IA/25714/2014


THE IMMIGRATION ACTS


At Field House
Decision and Reasons Promulgated
On 4 August 2016
On 5 August 2016



Before

Upper Tribunal Judge Kebede


Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

Anvar Islamkhanov
Respondent


DECISION AND DIRECTIONS

1. In a decision issued on 21 October 2015, First-tier Tribunal Judge Pooler allowed Mr Islamkhanov's appeal against the Secretary of State's decision of 26 July 2013 refusing leave to enter the UK. On 8 April 2016 permission was granted to the Secretary of State to appeal the First-tier Tribunal's decision to the Upper Tribunal. The appeal has not yet been listed for an error of law hearing.

2. In a letter dated 1 August 2016 Mr Islamkhanov's solicitors advised the Secretary of State that Mr Islamkhanov had departed the United Kingdom and requested that the Secretary of State withdraw her appeal before the Upper Tribunal. The Secretary of State, in turn, has requested the Upper Tribunal, in a letter dated 2 August 2016, to treat the appeal as abandoned by Mr Islamkhanov in accordance with paragraph 17A of the Tribunal Procedure (Upper Tribunal) Rules 2008.

3. Whilst it is the Secretary of State's case before the Upper Tribunal and not Mr Islamkhanov's case, it is clear that Mr Islamkhanov no longer wishes to pursue the appeal initially made against the respondent's decision and accordingly the proper approach is to treat the appeal as abandoned as a matter of fact.

4. Accordingly, the Upper Tribunal shall treat the matter as at an end.




Upper Tribunal Judge Kebede
4 August 2016