IA001942013

The appellant is a citizen of Thailand, born on 1 January 1952 whose appeal against the respondent�s decision of 7 December 2012 refusing her further leave to remain as the spouse of her British national husband was dismissed by the First-tier Tribunal in a decision issued on 29 November 2013. Permission to appeal was granted and a hearing before DUTJ Shaerf on 24 February 2014 found that there was an error of law such the decision should be set aside. He gave directions for the re-making of the decision at a resumed hearing.

At the hearing before us Mr Melvin indicated that the respondent had had an opportunity to reconsider this appeal and, in the light of the fact that it was now accepted that the relationship was genuine, she sought to withdraw the original decision so that a new decision could be made.

Mr Sharma indicated that he was not in a position to agree to this request but he did not seek to make any further submissions.

As confirmed in SM (withdrawal of appealed decision: effect) [Pakistan] [2014] UKUT 64 , the respondent does not need the Tribunal�s consent to withdraw the decision against which there was an appeal to the Fist-tier Tribunal. However, in such cases the Tribunal does need to re-make the decision notwithstanding the withdrawal of the appealed decision.

The First-tier Tribunal erred in law for the reasons set out in the Decision and Directions dated 27 February 2014 which has already been served on the parties. The First-tier Tribunal decision was set aside. The appeal is allowed as the original decision was not in accordance with the law and will remain with the respondent to be remade.