(Immigration and Asylum Chamber) Appeal Number: OA/18966/2011
THE IMMIGRATION ACTS
Heard at Glasgow
on 5 June 2013
On 10 June 2013
UPPER TRIBUNAL JUDGE MACLEMAN
DION WILLIAM TREVARTHEN
ENTRY CLEARANCE OFFICER, NEW YORK
For the Appellant: No appearance
For the Respondent: Mrs M O’Brien, Senior Presenting Officer
NOTIFICATION OF WITHDRAWAL
1. This appeal was taken against a determination by First-tier Tribunal Judge D’Ambrosio, promulgated on 3 November 2011. It first came before the Upper Tribunal on 12 December 2012. A note and further directions were then issued, dated 13 December 2012. (The note and directions inadvertently refer to the respondent as the Secretary of State, but the respondent is correctly the ECO.)
2. On 9 May 2013, the UT gave notice of a resumed hearing on 5 June 2013. Morton Fraser, Solicitors wrote to the UT on 28 May 2013 advising that their only instructions were to ask for the appeal to be formally withdrawn, and that they had no further instructions to appear, if the UT did not agree to withdrawal.
3. On the instructions of the Vice President, the UT advised parties on 31 May 2013 that the case would remain listed for 5 June 2013.
4. Mrs O’Brien advised that she had been in touch with the Entry Clearance Manager at New York. The Appellant has been offered the opportunity of an interview to resolve the matter further but he intends to remain in the USA at present and (apparently against the advice he has been given) has decided to drop this appeal.
5. In terms of the Tribunal Procedure (Upper Tribunal) Rules 2008, Rule 17, the appeal is recorded as having been withdrawn with the consent of the Upper Tribunal. The determination of the First-tier Tribunal therefore stands.
Judge of the Upper Tribunal
5 June 2013