United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/00243/2015

 

THE IMMIGRATION ACTS

Heard at Field House	Decision and Reasons sent on:
On 18 January 2016	On 20 January 2016

 

 

Before

 

UPPER TRIBUNAL JUDGE STOREY

 

 

 

Between

 

MR LYES GAMAR

 

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

 

Respondent

 

Representation:

 

For the appellant: Mr D Aihe, Legal Representative, Wisestep

For the respondent: Mr P Duffy, Home Office Presenting Officer

 

DECISION AND REASONS

 

1. On 1 October 2015 First-tier Tribunal Judge McWilliam dismissed the appellant's appeal against a decision dated 11 December 2014 refusing the appellant's protection claim. Unbeknown to the judge, the respondent on 14 January 20015 had in fact withdrawn her decision and promised to make a fresh one. In such circumstances the judge's determination cannot stand as she had no jurisdiction under the Asylum and Immigration Tribunal (Procedure) Rules 2005 Procedure then in force to determine the appeal.

 

2. For the above reasons the decision of the First-tier Tribunal is set aside and I re-make it by concluding that the effect of the withdrawal of the respondent's decision is that there was (and is no) appeal before the tribunal.

 

 

 

Signed

Date:

 

Judge of the Upper Tribunal