UI-2024-002544

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2024-002544

First-tier Tribunal No: HU/06933/2020

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 19th of September 2025

Before

UPPER TRIBUNAL JUDGE LOUGHRAN

Between

J.D.
(ANONYMITY ORDER MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr Lee, Counsel instructed by Turpin & Miller LLP
For the Respondent: Mr Tufan, Senior Home Office Presenting Officer

Heard at Field House on 11 September 2025

Order Regarding Anonymity

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity.

No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant.
Failure to comply with this order could amount to a contempt of court.


DECISION AND REASONS
1. In a decision dated 8 October 2024, the Upper Tribunal set aside the decision of the First-tier Tribunal allowing the appellant’s appeal against the respondent’s refusal of his human rights claim. Having set it aside the Upper Tribunal decided that the proper venue for the resumed hearing was the Upper Tribunal
2. Since, the Upper Tribunal’s decision the appellant has been sentenced to a further period of imprisonment and has been granted permission to appeal against that sentence. The respondent issued a decision refusing the appellant’s EUSS application on 4 June 2025. The appellant appealed against that decision and the appeal is listed for a case management review hearing in the First-tier Tribunal.
3. In those circumstances, I am satisfied that in order to deal with this case fairly and justly having regard to the costs and resources of the tribunal and the parties this appeal should be remitted to the First-tier Tribunal to be linked to the appellant’s EUSS appeal.
Notice of Decision
4. The appeal will be remitted to the First tier Tribunal



G. Loughran

Judge of the Upper Tribunal
Immigration and Asylum Chamber


11 September 2025