Tribunal decisions

The decision

Upper Tribunal Appeal Number: PA018332017
(Immigration and Asylum Chamber)

THE IMMIGRATION ACTS
Promulgated on and sent
26th July 2017
Jamal Obeid Majid
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
NOTICE OF WITHDRAWAL
1. On 14 June 2017, the appellant was granted permission to appeal to the Upper Tribunal against a decision of Judge of the First-tier Tribunal Clough who, by a determination promulgated on 17 May 2017, dismissed his appeal against the Secretary of State's decision of 3 February 2017 to refuse his asylum, humanitarian protection and human rights claims.

2. The Upper Tribunal received a letter dated 24 July 2017 from Loughran & Co Solicitors by which they stated that the appellant had advised them that he wished to withdraw his appeal. The letter also referred to the fact that the respondent's Reply served under rule 24 of the Tribunal Procedure (Upper Tribunal) Rules 2008 stated that the appellant had applied for voluntary departure. The letter stated that it was understood that the appellant was no longer in the United Kingdom. However, I noted that there was no clear evidence or confirmation that the appellant had actually left the United Kingdom.

3. Paragraph 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides for a party to withdraw its case before the Upper Tribunal, only with the consent of the Tribunal.

4. I hereby consent to the appellant withdrawing his case. This is because it has been confirmed by the appellant's representatives that he has stated that he wishes to withdraw his appeal. In addition, I have seen the documents attached to the respondent's Reply, which include a "Disclaimer in the case of Voluntary Departure" signed by the appellant on 20 July 2017 by which he confirmed, inter alia, that he wished to withdraw his appeal.

5. Accordingly, with my consent, and pursuant to rule 17(5) of the Tribunal Procedure (Upper Tribunal) Rules 2008, this appeal is recorded as "Withdrawn with the consent of the Upper Tribunal". This is a Notice pursuant to rule 17(5) to inform the parties that the appellant's case is withdrawn.

6. The effect of the appellant's case being withdrawn from the Upper Tribunal is that the proceedings before the Upper Tribunal are at an end. There is no appeal before the Upper Tribunal and the decision of Judge of the First-tier Tribunal Clough decision shall stand.

Upper Tribunal Judge Gill Date: 25 July 2017