UI-2024-004141

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2024-004141

First-Tier Tribunal: EU/55459/2023
LE/00790/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 8 April 2025


Before

UPPER TRIBUNAL JUDGE BRUCE


Between

Secretary of State for the Home Department
Appellant
and

Syedunnesa Begum
(no anonymity order made)
Respondent


DECISION
1. The First-tier Tribunal allowed Ms Begum’s appeal on the 28th June 2024. In doing so it simply followed the Upper Tribunal’s decision in Rexhaj [2023] UKUT 00161 (IAC).
2. The Secretary of State sought permission to appeal on the basis that Rexhaj was wrongly decided by the Upper Tribunal, and on the 4th September 2024, permission was granted by the First-tier Tribunal “pending” the judgment of the Court of Appeal in that matter.
3. In fact the judgment of the Court of Appeal was handed down on the 11th July 2024: Rexhaj v Secretary of State for the Home Department [2024] EWCA Civ 784. That judgment overturns the UT decision, and holds that for applicants such as Ms Begum, dependency must be demonstrated.
4. The parties are now in agreement that
i) The decision of the First-tier Tribunal must therefore be set aside;
ii) The matter must be remitted to the First-tier Tribunal to be heard afresh, since the First-tier Tribunal made no findings on the facts.
5. There is no order for anonymity.

Upper Tribunal Judge Bruce
Immigration and Asylum Chamber
20th November 2024