UI-2024-002628

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2024-002628
PA/61280/2023
IA/00157/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 22 October 2025

Before

UPPER TRIBUNAL JUDGE LANE

Between

WL

(ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department
Respondent

Representation:

For the Appellant: Mr Winter
For the Respondent: Mr Mullen, Senior Presenting Officer

Heard at Edinburgh on 7 October 2025


DECISION AND REASONS
1. The appellant is a female citizen of Kenya born on 5 May 1970. She appeals to the Upper Tribunal against a decision of the First-tier Tribunal promulgated on 19 April 2024 dismissing her international protection and Article 8 ECHR appeal.
2. At the initial hearing in Edinburgh on 7 October 2025, Mr Mullen, Senior Presenting Officer for the Secretary of State, told me that the respondent accepted that the appellant entered the United Kingdom on 27 May 2005 and has lived here continuously since that date. She has not been convicted of any offence in the United Kingdom and there are no circumstances which indicate that she should be denied leave to remain on the basis of suitability. Mr Mullen submitted that the appellant now meets the requirements of PL5.1 of the Appendix (Private Life) of the Immigration Rules.
3. In the circumstances, I told the parties at court that I intended to allow the appeal and remake the decision allowing the appeal on human rights (Article 8 ECHR) grounds. In doing so, I make no criticism whatever of the decision of the First-tier Tribunal judge; her decision was not subjected to any detailed consideration at the initial hearing and I am allowing the appeal only because, as a consequence of the lapse of time since the promulgation of the First-tier Tribunal’s decision, the appellant has plainly become eligible for a grant of leave on private life grounds and in light of Mr Mullen’s helpful submissions.

Notice of Decision
The decision of the First-tier Tribunal is set aside. I have remade the decision. The appellant’s appeal is allowed on human rights (Article 8 ECHR) grounds.


C. N. Lane

Judge of the Upper Tribunal
Immigration and Asylum Chamber


Dated: 7 October 2025