IA/27411/2013

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The decision



The Upper Tribunal
(Immigration and Asylum Chamber) Appeal number: IA/27411/2013


THE IMMIGRATION ACTS

Decision and Reasons Promulgated
On 5th November 2015

Between

GABRIELLE HALLIDAY (KOUSSA)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DECISION ON WITHDRAWAL PURSUANT TO RULE 17 OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008


1. This appeal came before me following a grant of permission to appeal against a decision of First-tier Tribunal Judge Farrelly who dismissed an appeal against a decision by the respondent to refuse to issue a residence card.
2. At the hearing before me the appellant sought to withdraw the appeal. Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that a party may give notice of the withdrawal of its case or part of it, subject to the consent of the Upper Tribunal. There is no provision for a party to withdraw the appeal before the Upper Tribunal. Having accepted that the purported withdrawal of the appellant's appeal is in effect a withdrawal of the appellant's case before the Upper Tribunal, I consented to that withdrawal.
3. The effect therefore, is that the decision of the First-tier Tribunal is to stand.

Upper Tribunal Judge Kopieczek
3/11/15