On 8 January 2015 the Tribunal Procedure Committee Secretariat published a statement outlining that the Tribunal Procedure Committee (TPC) refers to the Home Office’s policy regarding withdrawal of the underlying decision as being: “only to withdraw the underlying decision where the intention was to grant the application.” This reference was based on information provided by the Home Office to the TCP and the TCP relied on this information in their drafting of rule 17(2).
However, the Home Office have now advised that the information previously provided was in fact incorrect. The Home Office has clarified that its policy was, and remains, to withdraw immigration decisions where the decision is not legally sustainable, regardless of whether the Home Office has an intention or not to grant leave.
The TPC Immigration Sub-group will meet and look again at the issue of withdrawals and will consider if any further action in relation to the rule is necessary. It should be noted that where the Home Office decide to withdraw a decision while an appeal to the Tribunal is pending, the Tribunal has the power under the Rules to proceed with the appeal even after the withdrawal of the decision upon which the appeal is based.