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For the Respondent : Ms N Willcocks-Briscoe, Senior Home Office Presenting Officer
The appellant is a national of Nigeria, born on 20 July 1984. Her appeal against the decision of the respondent refusing her application for leave to remain in the UK as the spouse of a settled person was dismissed by First-tier Tribunal Judge Abebrese in a decision promulgated on 26 May 2015.
On 13 August 2015 the appellant was granted permission to appeal to the Upper Tribunal.
At the commencement of the hearing on 10 November 2015, Ms Willcocks-Briscoe raised a preliminary issue. She stated that it appears from Home Office records, that the appellant left the UK after being granted permission to appeal.
She accordingly submitted that in accordance with the provisions of s.104(4) of the Nationality, Immigration and Asylum Act 2002, an appeal under s.82(1) brought by a person while she is in the UK is to be treated as abandoned if the appellant leaves the UK.
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