Automated Summary
Key Facts
The Secretary of State for the Home Department (SSHD) withdrew their appeal against two asylum cases (AA/07878/2014 and AA/07753/2014) before the Upper Tribunal. The appeals were brought by respondents Bayoun Yu & Bo Lin, who were granted permission to appeal to the Upper Tribunal after the First-tier Tribunal allowed their asylum appeals. The SSHD's case was withdrawn orally at the hearing on 25 March 2015 with the consent of the Upper Tribunal, resulting in the First-tier Tribunal's determinations standing.
Issues
The main issue was whether the SSHD's case was properly withdrawn under the Tribunal Procedure (Upper Tribunal) Rules 2008, Rule 17, following the First-tier Tribunal's decision to allow the asylum appeals.
Holdings
Judge Quigley allowed the appeals brought by the two respondents to the First-tier Tribunal on asylum grounds. The SSHD was granted permission to appeal to the Upper Tribunal. In terms of the Tribunal Procedure (Upper Tribunal) Rules 2008, Rule 17, the SSHD's case was withdrawn orally at the hearing, with the consent of the Upper Tribunal. The determinations of the First-tier Tribunal therefore stand.
Remedies
The SSHD's appeal was withdrawn orally at the hearing with the consent of the Upper Tribunal, allowing the First-tier Tribunal's determinations to stand.
Legal Principles
The Secretary of State for the Home Department's appeal was withdrawn under Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008, with the consent of the Upper Tribunal. This withdrawal means the determinations of the First-tier Tribunal on asylum grounds remain valid and unchallenged.
Cited Statute
Immigration Acts
Judge Name
UPPER TRIBUNAL JUDGE MACLEMAN
Passage Text
Judge Quigley allowed the appeals brought by the two respondents to the First-tier Tribunal on asylum grounds. The SSHD was granted permission to appeal to the Upper Tribunal. In terms of the Tribunal Procedure (Upper Tribunal) Rules 2008, Rule 17, the SSHD's case was withdrawn orally at the hearing, with the consent of the Upper Tribunal. The determinations of the First-tier Tribunal therefore stand.