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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> MS (Reconsideration, Discontinuance by Secretary of State) Sudan [2005] UKAIT 00129 (14 September 2005) URL: https://www.bailii.org/uk/cases/UKIAT/2005/00129.html Cite as: [2005] UKIAT 00129, [2005] UKAIT 00129, [2005] UKAIT 129 |
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MS (Reconsideration - Discontinuance by Secretary of State) Sudan [2005] UKAIT 00129
Date of hearing: 25 August 2005
Date Determination notified: 14 September, 2005
MS |
APPELLANT |
and |
|
Secretary of State for the Home Department | RESPONDENT |
Withdrawal of appeal
17 (1) An appellant may withdraw an appeal –
(a) orally, at a hearing; or
(b) at any time, by filing written notice with the Tribunal.
17 (2) An appeal shall be treated as withdrawn if the respondent notifies the Tribunal that the decision (or, where the appeal relates to more than one decision, all of the decisions) to which the appeal relates has been withdrawn.
The respondent is here restricted to the person who has made the relevant immigration decision. The Secretary of State may decide to withdraw the decision in which case the appellant's appeal is deemed to have been withdrawn. There will, however, be cases where the Secretary of State decides not to withdraw the decision. In particular, in cases where the withdrawal of the decision deprives an appellant of his ability to reap the benefits of an Immigration Judge's findings in his favour, it is possible that the High Court may not permit him to do so. In the present case, Mr Blundell, who appears on behalf of the Secretary of State does not seek to withdraw the decision but simply no longer wishes to pursue his challenge to the Immigration Judge's decision, at least on the basis on which permission was granted.
DECISION
The original Tribunal did not make a material error of law and the original determination of the appeal shall stand.
ANDREW JORDAN
SENIOR IMMIGRATION JUDGE