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The appellants have been granted permission to appeal to the Upper Tribunal against a decision of Immigration Judge Kelsey who, by a determination promulgated on 4 July 2011, dismissed the appellants� appeals against decisions to refuse to grant entry clearance.
The Upper Tribunal has received a letter from the appellants� legal representatives dated 19 October 2012 in which they write that �We are instructed that the Appellants in this case wish to withdraw their appeal.�
Rule 17 of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that a party may give notice of the withdrawal of its case or any part of it, subject to the consent of the Upper Tribunal. There is no provision for a party to withdraw the appeal before the Upper Tribunal. Therefore, the letter from the appellants� legal representatives can serve only as a notice of withdrawal of the appellants� case before the Upper Tribunal, to which the Upper Tribunal now consents.
Subject to any request received from either party to the contrary by 4.00 pm on 8 November 2012, the Upper Tribunal proposes to treat the determination of the First-tier Tribunal as unchallenged so that the appeals before the Upper Tribunal will be dismissed without a hearing.�
No response has been received to those directions and accordingly, the Upper Tribunal will determine the appeals in the manner indicated.
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