UTIAC 1 No party to proceedings before the Upper Tribunal is entitled to withdraw its case without permission under rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008. A case may be withdrawn with permission but a case is not withdrawn until the Tribunal has notified the parties in writing that permission to withdraw has been granted.
2 The Tribunal is not required to determine an appeal when an appellant’s case has been withdrawn and the respondent has not been given permission to appeal. For administrative purposes an appeal is disposed of by recording that a party’s case has been withdrawn.
3 A party that seeks to persuade the Upper Tribunal to replace a decision of the First-tier Tribunal with a decision that would make a material difference to one of the parties needs permission to appeal. The Upper Tribunal cannot entertain an application purporting to be made under rule 24 for permission to appeal until the First-tier Tribunal has been asked in writing for permission to appeal and has either refused it or declined to admit the application.
Judges:
Eshun, Goldstein, Perkins LJJ
Citations:
[2013] UKUT 143 (IAC)
Links:
Statutes:
Tribunal Procedure (Upper Tribunal) Rules 2008 17
Jurisdiction:
England and Wales
Immigration
Updated: 14 November 2022; Ref: scu.472141