(1) Under rule 17(1) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, the decision whether to withdraw an appeal is for the appellant;
(2) That decision does not require judicial approval, in order for it to be effective;
(3) If an issue arises as to whether a withdrawal was, in fact, the appellant’s decision (ie whether it was valid), it is for a judge of the First-tier Tribunal to decide it; as to which, the reasons for withdrawal may assist;
(4) If an issue arises as to whether or not an appellant’s notice of withdrawal was legally valid, the Tribunal should exercise its case management powers so as to decide the matter. This will normally involve holding a hearing. The judge’s task will be to decide on the issue of validity. If the judge’s decision is a substantive decision, as opposed to a ‘procedural, ancillary or preliminary decision’ within the meaning of article 3(n) of the Appeals (Excluded Decisions) Order 2009, the decision will be appealable to the Upper Tribunal;
(5) The decision of Upper Tribunal in TPN (FtT appeals – withdrawal) Vietnam [2017] UKUT 295 (IAC) not followed. The decision in AP (Withdrawals – nullity assessment) Pakistan [2007] UKAIT 00022 followed.
Citations:
[2019] UKUT 125 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 06 July 2022; Ref: scu.637758
