A decision by Mr Justice McCloskey, President of the Upper Tribunal (Immigration and Asylum Chamber) in July 2017 said it is up to the tribunal when an appeal ends, but a recent bench has now overturned his decision. Mr Justice Lane has decided that the person who lodged the appeal (the appellant) now gets to decide when the appeal is over. The process is called “withdrawal”, and there are two ways to do this:
- The appellant does not want the appeal to continue; or
- The Home Office withdraws its refusal decision
Appellant changes their mind
When an appellant notifies the tribunal of withdrawal of their appeal, the withdrawal is automatic and does not require the judge’s approval. The tribunal does not need to consider the reasons given or reach a decision. A notification must be issued as a formality, but that is all.
Home Office changes its mind
In this scenario, the tribunal can decide when the appeal ends. Because the tribunal’s rules require a good reason for the appeal to be treated as withdrawn, if the Home Office withdraws its original decision, the appeal does not automatically end. The appellant is asked if they can give a “good reason” for the hearing to continue and the tribunal will decide if the appeal as to be withdrawn.
Scarsdale Solicitors – Manchester, Oldham and Rochdale
For advice on this or any other issues about immigration from local experts, call Scarsdale Solicitors Manchester, Scarsdale Solicitors Oldham & Scarsdale Solicitors Rochdale. We are proud to serve our clients in the Manchester, Rochdale and Oldham areas. We combine our expertise in legal matters with a level of customer service that is to the highest standard. If you need help from Manchester Immigration solicitors, Rochdale immigration solicitors or Oldham immigration solicitors, call us today on 0161 660 6050.
