IA268012013

This is an appeal against a determination of First-tier Tribunal Judge NM Paul promulgated on the 11 th February 2014 in which the Judge dismissed the Appellant's appeal against the Respondent's refusal to vary his leave to remain in the United Kingdom.

Permission to appeal was sought although initially refused by the First-tier Tribunal. It was, however, granted on a renewed application by Upper Tribunal Judge Chalkley.

Notice of the place, date, and time of the hearing before the Upper Tribunal was sent to the Appellant and his representative in accordance with the Procedure Rules; although the Appellant failed to attend the hearing. The Tribunal received a fax from his nominated representatives on the day of the hearing stating their client had not contacted them for a fortnight and that they understood he had, in fact, withdrawn his instructions for them to attend the hearing. They also asked to be removed from the record.

If the Appellant has left the country he is deemed to have abandoned his appeal and there is nothing extant before the Upper Tribunal upon which I am required to make a decision. If he has not left the United Kingdom he has failed to attend the hearing and failed to adduce any evidence in support of his assertion that the First-tier Judge has made a material legal error.

Although there is a strong indication the Appellant has left the United Kingdom, this has not been confirmed. I find however, even if he has not, that he has failed to discharge the burden of proof upon him to the required standard to show any legal error material to the decision to dismiss the appeal has been made in the determination.