[2025] UKUT 00089 (IAC)

After the Court of Appeal handed down its judgment the applicants sought to have the hearing of this claim adjourned, and when that was refused, proposed terms of settlement. The parties were unable to reach agreement and on 6 January 2025 the applicants filed a Notice of Withdrawal. The draft order provided makes provision for the question of costs to be dealt with by written submissions.

The respondent invites the Tribunal to refuse consent to withdraw. The respondent claims the Upper Tribunal should determine, on its merits, the claim made that the refusal to grant entry clearance or otherwise admit the parents to the UK is a breach of Article 3 and/or 8 ECHR.

On 7 January 2025 I directed that the Tribunal would consider whether it consents to the withdrawal of the case at the hearing of the claim listed on 9 January 2025. In the event that the Tribunal does not consent to the withdrawal, the hearing of the claim will continue as listed.