UI-2025-001468 & UI-2025-001469

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case Nos: UI-2025-001468
UI-2025-001469

First-tier Tribunal Nos: EA/03116/2023
EA/03117/2023

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 9th of September 2025

Before

UPPER TRIBUNAL JUDGE MAHMOOD

Between

Raja Ashan Iqbal (1)
Raja Sheraz Iqbal (2)
NO ANONYMITY ORDER MADE
Appellants
and

The Secretary of State for the Home Department
Respondent

Representation:
For the Appellants: Mr Mohammad Ilyas, Sponsor.
Also in attendance was an interpreter along with Mr Ilyas’ daughter.
For the Respondent: Ms Z Young, a Senior Home Office Presenting Officer.

Heard at Bradford on 13 August 2025


DECISION AND REASONS
1. This is my oral decision which I delivered at the hearing today.
2. In this matter the Appellants appeal against the decision of First-tier Tribunal Judge Ian Howard, who by way of a decision dated 2 December 2024, had dismissed the Appellants’ appeal in relation to the Respondent’s decision to refuse to issue family permits under the Immigration (European Economic Area) Regulations 2016. Permission to appeal against that decision was refused by the First-tier Tribunal but was later granted by Upper Tribunal Hoffman who had noted the application was out of time but granted permission to appeal, stating it was in the interests of justice to do so.
3. At the hearing before me today, Ms Young said that she accepted and conceded on behalf of the Respondent that there was a material error of law in the Judge’s decision as set out and summarised within the grant of permission. In view of the clear concession, correctly made, the decision of the First-tier Tribunal is set aside.
4. I have sought to explain to the Sponsor what the result is both through the interpreter and also through the assistance of the Sponsor’s daughter who speaks English. She very helpfully provided some assistance in explaining matters to her father. Mr Ilyas, the Sponsor, said he wishes to discuss matters with Appellants who live in Pakistan. He said that they can think about what he and they wish to do next. That appears perfectly reasonable to me.
5. In the circumstances I can do no more than set aside the decision of the First-tier Tribunal Judge. I think in this instance, noting the Senior President’s Practice Statement, it is appropriate to remit the matter to the First-tier Tribunal. All further directions will be dealt with by the First-tier Tribunal.

Notice of Decision
The Decision of the First-tier Tribunal contains a material error of law and is set aside.
None of the findings of the First-tier Tribunal shall stand. There shall be a complete rehearing on all matters remaining live for consideration.
I do not make an anonymity order.

Abid Mahmood

Judge of the Upper Tribunal
Immigration and Asylum Chamber


13 August 2025