UI-2024-005853

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2024-005853

First-tier Tribunal Nos: PA/61211/2023
LP/07656/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

17th March 2025

Before

UPPER TRIBUNAL JUDGE RUDDICK
DEPUTY UPPER TRIBUNAL JUDGE NEILSON

Between

MS
(ANONYMITY ORDER MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the appellant: Mr A Eaton, Counsel, instructed by Barnes Harrild & Dyer Solicitors
For the respondent: Ms A Ahmed, Senior Home Office Presenting Officer

Heard at Field House on 27 February 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. The appellant appeals with permission against the decision of the First-tier Tribunal (“the FTT”) dismissing his appeal against the respondent’s refusal of his protection and human rights claim.
2. The FTT made an anonymity order in this appeal and we consider that it is appropriate for that order to continue because the appellant has made a claim for international protection.
3. The appellant was granted permission to appeal by the FTT on five separate grounds. In the course of the hearing before us, Ms Ahmed accepted that at [7] to [12], the FTT had made findings of fact that appear to relate to a different appellant, as none of the facts referred to were part of this appellant’s claim. Ground One was therefore made out. She also accepted that this error was material. Given that one quarter of the determination relates to a person other than the appellant, it is impossible to have any confidence that the rest of the FTT’s findings were made after having carefully considered the totality of the evidence presented by this appellant.
Notice of Decision
The decision of the FTT is set aside in its entirety and the appeal is remitted to the First-tier Tribunal for a fresh hearing de novo in front of any judge other than Judge Abebrese.


E. Ruddick

Judge of the Upper Tribunal
Immigration and Asylum Chamber

08 March 2025