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DETERMINATION AND NOTICE UNDER RULE 17 OF THE IMMIGRATION TRIBUNAL (PROCEDURE) RULES 2005.
The appellant appeals against a decision of the First-tier tribunal in which Judge of the First-tier tribunal dismissed his appeal against a decision of the respondent refusing to vary his leave to remain. The decision was made on 30 April 2013.
Having passed the exam the appellant decided to return to Pakistan. He wrote to the Tribunal to withdraw the appeal on 27 August and left Britain on 13 September to return to Pakistan.
Unfortunately the letter withdrawing the appeal was not placed on the file and was therefore not before the Judge when he determined the appeal and dismissed it.
BY consent we now set aside the determination of the First-tier Judge. We substitute for the decision of the First-tier Judge our own decision that this appeal is withdrawn under the provisions of Rule 17 of the Immigration Tribunal (Procedure) Rules 2005. This determination serves as due notice under Rule 17 (3) of those Rules.
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