IA/41503/2013

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/41503/2013


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 16 June 2014
On 30 June 2014




Before

UPPER TRIBUNAL JUDGE PINKERTON


Between

mr raheel
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT


Respondent

Representation:

For the Appellant: No appearance
For the Respondent: Mr S Whitwell


NOTICE OF WITHDRAWAL
1. In the decision of a First-tier Tribunal Judge promulgated on 17 February 2014 the appellant's appeal against a refusal to grant him leave to remain as a Tier 4 (General) Student Migrant under the points-based system was dismissed.
2. The appellant was granted permission to appeal that decision and an error of law hearing was fixed before me on 16 June 2014. The appellant's solicitors wrote a letter dated 12 June 2014 indicating that they wished the hearing to be dealt with "on the papers".
3. By a letter dated 21 May 2014 the respondent indicated that the original refusal decision may be contrary to the respondent's current policy and the matter was referred to Tier 4 "Customer Services" for consideration.
4. At the hearing before me Mr Whitwell sought permission to withdraw the original decision on the basis that at the date of refusal the then current policy was not to refuse applications on the basis that this application was. The decision should therefore not have been to refuse on the basis set out in the Reasons for Refusal Letter.
5. Having considered the matter and Rule 17(2) of The Tribunal Procedure (Upper Tribunal) Rules 2008 I consented to the withdrawal of the decision against which the appellant originally appealed.



Signed Date


Upper Tribunal Judge Pinkerton