IA/25995/2013

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The decision





Upper Tribunal
Appeal number: IA/25995/2013

(Immigration and Asylum Chamber)


THE IMMIGRATION ACTS


Heard at Field House
Sent to parties on:
On 13th Aug 2014
On 12 August 2014





Before
UPPER TRIBUNAL JUDGE GLEESON


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

Olivia Addo
Respondent




NOTICE OF WITHDRAWAL
1. The Secretary of State has permission to appeal against the First-tier Tribunal determination allowing the claimant's appeal against her refusal to issue the claimant a residence card as the wife of a German national, on the basis that her husband is an EEA citizen exercising Treaty rights in the United Kingdom under the Immigration (European Economic Area) Regulations 2006 (as amended). The marriage relied upon was a customary Ghanaian marriage.
2. On 9 July 2014, Upper Tribunal Judge Craig found a material error of law in the determination of First-tier Tribunal Judge CMA Jones, on the basis that when considering the customary Ghanaian marriage relied upon, Judge Jones failed to apply the guidance given in Kareem (proxy marriages - EU law) [2014] UKUT 000024 (IAC). He gave directions for the remaking of the determination on a date to be fixed and specified the evidence which the claimant would be required to produce, applying Kareem.
3. By a letter dated 11 August 2014, the claimant's representatives stated that they were 'instructed to withdraw the above appeal on behalf of the [claimant]'. No reason was given.
4. Pursuant to paragraph 17 of The Tribunal Procedure (Upper Tribunal) Rules 2008 (as amended), the permission of the Upper Tribunal is required for such withdrawal. On behalf of the Upper Tribunal, I consent to the withdrawal both of the underlying First-tier Tribunal appeal and of the claimant's case before the Upper Tribunal.
5. The appellant's case having been withdrawn, there is no longer a valid appeal before the Upper Tribunal.



Signed
Date:
Upper Tribunal Judge Gleeson