Tribunal decisions

The decision

IAC-AH-CO-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: ia/36505/2013
ia/36522/2013

THE IMMIGRATION ACTS

Heard at RCJ Belfast
Decision & Reasons Promulgated
On 30 November 2015
On 24 February 2016

Before

UPPER TRIBUNAL JUDGE KOPIECZEK

Between

RT
&
CT
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DECISION
1. The appellants have an appeal outstanding before the Upper Tribunal. In a decision promulgated on 12 January 2016 I set aside the decision of the First-tier Tribunal and gave directions for the further conduct of the appeal. I directed the appellants to notify the Tribunal as to whether the appeals were to be pursued.
2. By letter dated 1 February 2016 the first appellant, on behalf of herself and the second appellant, her son who is a minor, states that she wishes to withdraw the appeals, stating that they will be making new applications for residence cards.
3. Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that a party may give notice of the withdrawal of its case or any 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. Therefore, the letter from the appellants can serve only as a notice of withdrawal of their case before the Upper Tribunal, to which the Upper Tribunal now consents.
4. Accordingly, the appellants' appeal to the Upper Tribunal is dismissed.
Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008
Unless and until a Tribunal or court directs otherwise, the appellants are granted anonymity in order to protect the identity of the minor appellant. No report of these proceedings shall directly or indirectly identify them. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.

Upper Tribunal Judge Kopieczek 11/02/16