Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case Nos: UI-2024-001956
UI-2024-001957

First-tier Tribunal No: EU/54858/2023
EU/54859/2023

THE IMMIGRATION ACTS

Decision Issued:
On 10th of October 2024

Before
UPPER TRIBUNAL JUDGE NORTON-TAYLOR

Between
MAJID RABI
ADNAN RABI
(NO ANONYMITY ORDER MADE)
Appellants
and

ENTRY CLEARANCE OFFICER
Respondent

DECISION ON DISPOSAL

1. In a decision issued on 16 September 2024 I found that the First-tier Tribunal had made a legal mistake and set that decision aside.

2. I also issued a direction that the appellants’ legal representatives were to confirm whether they wished their case to be kept in the Upper Tribunal or sent back to the First-tier Tribunal for a new decision to be made.

3. On 1 October 2024, Kirklees Citizens Advice and Law Centre confirmed that they were no longer acting for the appellants.

4. In the circumstances and without wanting to delay matters further, I confirm my provisional view that these two linked appeals should be remitted to the First-tier Tribunal. It would be appropriate for the remitted hearings to be held at either the Manchester or Bradford hearing centres.

5. The remitted hearing shall not be conducted by First-tier Tribunal Judge Saffer.

6. It is to be noted that the findings set out at paragraph 14 of the First-tier Tribunal’s decision are preserved in so far as they relate to the position as at the date of that decision. These are: there was no issue as to the identity of Mr Muhammad; the relevant property was owned by the appellants’ father; and the appellants lived in that property.

H Norton-Taylor
Judge of the Upper Tribunal
Immigration and Asylum Chamber

Dated: 9 October 2024