Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2021-001935
First-tier Tribunal Nos:
PA/51585/2020
IA/01405/2020

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 28th April 2026

Before

UPPER TRIBUNAL JUDGE KEITH

Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

K A F
(ANONYMITY ORDER MADE)
Respondent

Determined at Field House on 27 April 2026

TRANSFER ORDER AND DECISION TO SET ASIDE
AND NOTICE OF ABANDONMENT OF AN APPEAL
under rules 17A, 43, 45 of the Tribunal Procedure (Upper Tribunal) Rules 2008

1. In the Practice Statements for the Immigration and Asylum Chambers of the First-tier Tribunal and the Upper Tribunal, the Senior President of Tribunals at paragraph 9 thereof provided that where the Chamber President decides that it is not practicable for the original Tribunal to complete the hearing or give its determination without undue delay, the Chamber President may direct the appeal to be decided by a differently constituted Tribunal.
2. That power has been delegated by the Chamber President to me. I am satisfied, on the materials before me, that it is not practicable for the original Tribunal to give its decision without undue further delay and accordingly, that it is now appropriate for a Transfer Order to be made, transferring the appeal to be considered by a differently constituted Tribunal.
3. When this matter came before Judge Rintoul on 12 April 2023, the respondent (K A F) neither appeared nor was he represented. Judge Rintoul heard submissions, found that the decision of the FtT involved the making of an error of law and set it aside, remaking the decision by allowing it on humanitarian protection and human rights grounds.
4. The Secretary of State has since applied on 8 August 2023 for that decision to be set aside pursuant to rules 43 and 45 of the Tribunals Procedure (Upper Tribunal) Rules 2008 as it now appears that K A F had left the United Kingdom voluntarily on 24 March 2023, a fact not put to the Upper Tribunal at the hearing, and a dereliction of the Secretary of State’s duty under rule 17A (1) of the Tribunals Procedure (Upper Tribunal) Rules 2008. Very regrettably, upon the extended absence of Judge Rintoul, the matter has not been referred to another Judge until April 2026.
5. It is not explained how K A F’s departure from the UK had not been drawn to the Tribunal’s attention, resulting in a significant waste of judicial time and public resources. Nevertheless, I am satisfied from the material now provided by the Secretary of State that KAF had left the United Kingdom before the hearing on 12 April 2023, and therefore, by operation of section 92 (8) of the Nationality, Immigration and Asylum Act 2002, his appeal had been abandoned on 24 March 2023. The Upper Tribunal therefore had no jurisdiction to hear the Secretary of State’s appeal.
6. I am therefore satisfied that a procedural irregularity arose and that it is in the interests of justice to set aside the decision of the Upper Tribunal. I therefore do so.
7. Given the effect of section 92 (8), I am satisfied also that it would be appropriate, and in the interests of justice, for a Notice of Abandonment to be issued.
Notice of Decision
(1) The decision of the Upper Tribunal is set aside.
(2) A notice that the appeal has been abandoned is substituted.

Signed Date: 27 April 2026
Judge J Keith
Judge of the Upper Tribunal