UI2022002432

         This case has been listed for disposal today.

         This is an appeal by the Secretary of State against a decision of Judge of the First-tier Tribunal I. Howard who, in a decision promulgated on 24 January 2022 following a hearing on 13 October 2021, allowed the appeal of Mr Eduart Coka, a national of Albania born on 1 June 1996 (hereafter the "claimant"), against the Secretary of State's decision of 7 January 2021 which refused the claimant's application of 19 August 2020 for pre-settled status and a residence card under the EUSS pursuant to Appendix EU (Family permit) of the Immigration Rules.

         This case was stayed pending the judgment of the Court of Appeal in Celik v SSHD [2023] EWCA Civ 9321. Subsequent to the Court of Appeal's judgment being delivered on 31 July 2023, directions were served on the parties on 4 December 2023 which, inter alia, required the claimant to consider his position in light of the Court of Appeal's judgment. The claimant was informed that, if no response was received from him to the directions and no consent order was filed, the appeal would be listed for disposal.

         No response was received by or on behalf of the claimant to the directions. This appeal was therefore listed for disposal by a Notice of Hearing dated 19 January 2024.

         By an email of the same date, Waterstone Solicitors, who were on record as the claimant's solicitors, informed the Upper Tribunal that the claimant has been issued with leave to remain under the Immigration Rules and that "they are no longer pursuing the appeal. Considering that we are not the appellant's [sic] on [sic] this case the appellant has our consent to withdraw the appeal should they wish as we are no longer representing this case" .