Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/24771/2012

THE IMMIGRATION ACTS

Decided at Field House
Determination Promulgated
On 12 July 2013
On 15 July 2013

Before

UPPER TRIBUNAL JUDGE KOPIECZEK

Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

MYRNA MARTIN
Respondent

DECISION
1. The Secretary of State was granted permission to appeal against the decision of the First-tier Tribunal which allowed the Respondent's appeal against the Secretary of State's decision to refuse her leave to remain as a Tier 4 (General) Student Migrant.
2. The procedural history of the proceedings before the Upper Tribunal is of little relevance in the circumstances that now prevail. Suffice to say that the appeal before me was to determine whether there was an error of law in the decision of the First-tier Tribunal and, if so, what should follow.
3. By letter dated 3 July 2013 the Respondent's legal representatives were notified that the UKBA had "implemented the allowed appeal". Ms Martin who represented the Secretary of State before me on 12 July indicated that the Respondent has now been granted leave to remain. I was told that that had been done by mistake, seemingly in response to a determination of an Upper Tribunal judge who had in fact reversed the decision of the First-tier Tribunal. That determination followed a hearing at which neither the Respondent nor her representatives attended. The determination was set aside under rule 43 of the Tribunal Procedure (Upper Tribunal) Rules 2008.
4. Nevertheless, it was accepted on behalf of the Secretary of State that, leave to remain having been granted, the appeal is to be treated as abandoned.
5. In the circumstances, the appeal before the Upper Tribunal is therefore treated as abandoned pursuant to section 104(4A) of the Nationality, Immigration and Asylum Act 2002.

Upper Tribunal Judge Kopieczek
12/07/13