OA/05170/2013

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: OA/05170/2013



THE IMMIGRATION ACTS


Heard at Newport, Cardiff
Determination Promulgated
On 25 March 2014
On 1st April 2014



Before

The President, The Hon. Mr Justice McCloskey and
Vice-President Arfon-Jones


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

LORNA PRINGLE KERR
Respondent
Representation:

Appellant: Mr Richards, Senior Home Office Presenting Officer
Respondent: Ms V Delgado (of Counsel), instructed by Duncan Lewis Solicitors


DETERMINATION AND REASONS

1. This appeal has its origins in a decision of the Entry Clearance Officer of Kingston, Jamaica whereby the Respondent's application to settle in the United Kingdom was refused. The Respondent's appeal against this decision was allowed by the First-tier Tribunal. The Secretary of State was subsequently granted permission to apply to this Tribunal.

2. Upon the hearing of this appeal, Mr Richards, representing the Secretary of State, applied for permission to withdraw the appeal. Elaborating, he explained that when the grounds of appeal were prepared no consideration was given to Counsel's notes of the hearing or the Respondent's bundle of evidence. Mr Richards also referred to the Respondent's Rule 24 Notice. His application was grounded on a concession that the appeal is not sustainable.

3. We acceded to the application. Accordingly, the Secretary of State is granted permission to withdraw the appeal under Rule 17(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008.






Signed:


THE HON. MR JUSTICE MCCLOSKEY
PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

Date: 27 March 2014