OA/00711/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/00711/2015



THE IMMIGRATION ACTS

No hearing
Decision and Reasons Promulgated
6 April 2016
On 19 April 2016




Before

MR C M G OCKELTON, VICE PRESIDENT


Between

THE ENTRY CLEARANCE OFFICE, ISLAMABAD
Appellant
and

NASIR GUL


Respondent



DETERMINATION AND REASONS

1. The respondent, whom I shall call "the claimant", appealed to the First-tier Tribunal against the decision of the Entry Clearance Officer refusing him entry clearance as a partner. Judge Hawden-Beal allowed his appeal. On application the respondent was granted permission to appeal to this Tribunal and accordingly the Tribunal stands seised of that appeal.

2. The claimant's solicitors have written to the Tribunal narrating the grant of entry clearance to the claimant and requesting withdrawal of "Mr Gul's appeal".

3. The present appeal is, as noted above, by the Entry Clearance Officer. As the claimant's solicitors must know, the provisions of rule 17 of the Upper Tribunal Rules allow a party to withdraw its case and I assume that that is what they meant because there is nothing else they could have been asking.

4. I accept the withdrawal of the claimant's case. The Entry Clearance Officer's appeal is unresisted and I formally allow it. There is no proper basis for saying that the grounds are without merit and I substitute a decision dismissing the appeal against the Entry Clearance Officer's decision, although I note that there has now been a grant of entry clearance, whether on the present or a subsequent application.






C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 6 April 2016