||All England Reporter
|| All ER (D) 348 (Feb)
||Court of Appeal, Civil Division
Pill, Laws and Arden LJJ
||Richard Scannell and Lee Jackson (instructed by South West Law Ltd, Bristol) for the applicant.
||Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
||25 February 2003
Immigration - Asylum - Appeal - Appeal abandoned following grant of exceptional leave to remain - Power to vary or amend grounds of abandoned appeal - ss 58(9), 69(3), 69(5).
Section58(9) of the was entirely unequivocal. The abandonment of a pending appeal would be triggered by: (i)the existence of a pending appeal other than under s69(3) of the Act; and (ii)the grant of exceptional leave to remain. If those two conditions were met, the pending appeal would be treated as abandoned from the time that notice of leave to remain had been given.
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