IA/51577/2013
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The decision
IAC-FH-AR-V2
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/51577/2013
THE IMMIGRATION ACTS
Heard at Field House
Determination Promulgated
On 1 December 2014
On 22 December 2014
Prepared 1 December 2014
Before
DEPUTY UPPER TRIBUNAL JUDGE DAVEY
Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and
MR AVNISH PUSHPALA
(ANONYMITY ORDER NOT MADE)
Respondent
Representation:
For the Appellant: Mr C Avery, Senior Presenting Officer
For the Respondent: Mr R Singer, Counsel, instructed by Bhattarai & Co Immigration Practice
DETERMINATION AND REASONS
1. In this decision the appellant is the Secretary of State and the Respondent is the Claimant. At a hearing on 4 September 2014 for reasons given and set out in my determination, dated 9 September 2014 I decided that the judge had made a number of errors of law, the Original Tribunal decision could not stand and the decision would have to be remade.
2. At the hearing 1 December 2014 Mr Singer indicated that the Claimant did not wish to take further part in the process, was proceeding to leave the UK and go, possibly, to another European country. His client was present at the hearing. It is plain that the Claimant was not opposing the outcome which the Secretary of State sought i.e. that the appeal against the Secretary of State's decision should be dismissed.
3. Whilst Mr Singer referred to the appeal being withdrawn, it was not for his client to do so but I am satisfied the Claimant did not intend to oppose the Secretary of State's appeal. Accordingly, unless I hear to the contrary within 5 days of the date of this decision, I propose to allow the Secretary of State's appeal and dismiss the appeal of Mr Pushpala against the Secretary of States' decision dated 20 November 2013. I am satisfied that the Claimant does not seek to continue to contest the Secretary of State's appeal.
Anonymity
4. No anonymity order was sought and none is appropriate or necessary.
Signed Date 17 December 2014
Deputy Upper Tribunal Judge Davey
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/51577/2013
THE IMMIGRATION ACTS
Heard at Field House
Determination Promulgated
On 1 December 2014
On 22 December 2014
Prepared 1 December 2014
Before
DEPUTY UPPER TRIBUNAL JUDGE DAVEY
Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and
MR AVNISH PUSHPALA
(ANONYMITY ORDER NOT MADE)
Respondent
Representation:
For the Appellant: Mr C Avery, Senior Presenting Officer
For the Respondent: Mr R Singer, Counsel, instructed by Bhattarai & Co Immigration Practice
DETERMINATION AND REASONS
1. In this decision the appellant is the Secretary of State and the Respondent is the Claimant. At a hearing on 4 September 2014 for reasons given and set out in my determination, dated 9 September 2014 I decided that the judge had made a number of errors of law, the Original Tribunal decision could not stand and the decision would have to be remade.
2. At the hearing 1 December 2014 Mr Singer indicated that the Claimant did not wish to take further part in the process, was proceeding to leave the UK and go, possibly, to another European country. His client was present at the hearing. It is plain that the Claimant was not opposing the outcome which the Secretary of State sought i.e. that the appeal against the Secretary of State's decision should be dismissed.
3. Whilst Mr Singer referred to the appeal being withdrawn, it was not for his client to do so but I am satisfied the Claimant did not intend to oppose the Secretary of State's appeal. Accordingly, unless I hear to the contrary within 5 days of the date of this decision, I propose to allow the Secretary of State's appeal and dismiss the appeal of Mr Pushpala against the Secretary of States' decision dated 20 November 2013. I am satisfied that the Claimant does not seek to continue to contest the Secretary of State's appeal.
Anonymity
4. No anonymity order was sought and none is appropriate or necessary.
Signed Date 17 December 2014
Deputy Upper Tribunal Judge Davey