UI-2024-004141

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The decision



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

First tier number: EU/55459/2023


THE IMMIGRATION ACTS


Decision & Reasons Issued:

On 21st of November 2024


Before

UPPER TRIBUNAL JUDGE BRUCE


Between

Secretary of State for the Home Department

Appellant
and


Syedunnesa Begum
(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 First-tier Tribunal Judge Curtis “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 Judge Curtis must therefore be set aside;
ii) The matter must be remitted to the First-tier Tribunal to be heard afresh, since Judge Curtis made no findings on the facts.

5. There is no order for anonymity.



Upper Tribunal Judge Bruce
Immigration and Asylum Chamber

20th November 2024