UI-2023-002431

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2023-002431
First-tier Tribunal No: DC/50149/2022



THE IMMIGRATION ACTS

Decision & Reasons Issued:
On the 14 March 2024

Before

UPPER TRIBUNAL JUDGE CANAVAN


Between

IBRAHIM OLANREWAJU DAVIES
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent
(NO ANONYMITY ORDER MADE)

NOTICE OF DECISION


1. Following the hearing and directions made on 12 December 2023 and further directions made on 29 February 2024, the respondent has now complied with the latter directions.

2. In correspondence dated 08 March 2024 the respondent confirmed that, following receipt of the death certificate of Mr Davies, that the underlying notice of decision to deprive him of citizenship status dated 13 July 2022, which formed the basis of this appeal, has been withdrawn. The effect is that no order has been issued to deprive Mr Davies of citizenship status.

3. The Upper Tribunal notes the decision in FZ (human rights appeal: death: effect) Afghanistan [2022] UKUT 00071 (IAC), which related to an appeal brought under section 82 of the Nationality, Immigration and Asylum Act 2002 (‘NIAA 2002’). The Upper Tribunal can see no reason why the same principles should not apply to appeals brought under section 40A British Nationality Act 1981.

4. Those who were representing the appellant were concerned that there was still an outstanding decision giving notice of an intention to deprive the appellant of citizenship status. Those concerns are addressed by the respondent’s withdrawal of that decision.

Decision

5. The appeal is treated as a nullity.

6. The Upper Tribunal will take no further action.

M. Canavan
Judge of the Upper Tribunal
Immigration and Asylum Chamber

11 March 2024