Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-001731

First-tier Tribunal No: PA/61915/2023

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On the 12 August 2025

Before

UPPER TRIBUNAL JUDGE REEDS

Between

R R
(ANONYMITY ORDER CONTINUED)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr Holmes, Counsel instructed on behalf of the appellant
For the Respondent : Ms Young, Senior Presenting Officer on behalf of the respondent

Heard at (IAC) on 11 August 2025

DECISION MADE PURSUANT TO RULE 40 OF THE TRIBUNAL PROCEDURE ( UPPER TRIBUNAL) RULES 2008
1. The appellant appeals with permission against the decision of the First-tier Tribunal Judge (hereinafter referred to as the “FtTJ”) who dismissed the appellant’s protection and human rights appeal in a decision promulgated on the 17 December 2024 .
2. Permission to appeal that decision was sought and permission was granted by UTJ Grey on 31 May 2025.
3. The FtTJ did make an anonymity order, and no grounds were submitted during the hearing for such an order to be discharged. Anonymity is granted because the facts of the appeal involve a protection claim.
Rule 14: The Tribunal Procedure (Upper Tribunal) Rules 2008: Unless and until a tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.
4. The appellant is a citizen of Iran, who appealed to the First-tier Tribunal (“FtT”) against a decision to refuse his protection and human rights claim. His claim was based on his imputed political opinion and on his ethnicity as a Kurd.
5. In a decision promulgated on 16 February 2025 , the FtTJ dismissed the appeal having made an adverse credibility assessment of his claim. Permission to appeal having been granted by UTJ Grey the appeal was listed for hearing. At the hearing of the appeal, Ms Young on behalf of the Respondent conceded that the decision of the FtTJ involved the making of a material error of law as set out in the appellant’s renewed grounds and as summarised by the UTJ. She submitted that the effect of the errors in relation to grounds were material as they affected the assessment of the credibility of the appellant’s claim because it was accepted on behalf of the Secretary Of State that the FtTJ applied the guidance in JCK (Section 32 NABA 2022) Botswana [2024] UKUT 00100 incorrectly and conflated whether the appellant does fear persecution with the third limb and whether he had a well-founded fear of persecution which is assessed on the lower standard of proof.
6. The parties are in agreement that the decision discloses the making of an error of law and that the error of law was material to the outcome as it affected the credibility findings and the risk assessment.
7. Both parties have invited the Upper Tribunal to set aside the decision and in view of the fact finding that is necessary on all parts of the claim both submit that the appeal should properly be heard afresh and should be remitted to the First-tier Tribunal.
8. I have given careful consideration to the Joint Practice Statement of the First-tier Tribunal and Upper Tribunal concerning the disposal of appeals in this Tribunal and have done so in light of the submissions of the parties. I have considered the issues in the light of the practice statement recited and the recent decision of the Court of Appeal in AEB v SSHD[2022] EWCA Civ 1512 and the decision in Begum [2023] UKUT 46(IAC. ) As to the remaking of the decision I am satisfied that in light of the errors of law identified and the fact findings which will be necessary, the appeal falls within paragraphs 7.2 (b) of the practice statement. I therefore remit the appeal to the First-tier Tribunal for that hearing to take place to be heard afresh.
9. Rule 40 of the Tribunal Procedure (Upper Tribunal) rules 2008 allows the Upper Tribunal to give a decision orally at a hearing. Rule 40 (3) states that the Upper Tribunal must provide written reasons with a decision notice to each party as soon as reasonably practicable after making a decision which finally disposes of all issues in the proceedings. Rule 40 (3) provides exceptions to the Rule if the decision is made with the consent of the parties, or the parties have consented to the Upper Tribunal not giving written reasons. In this case the parties consented to a decision without reasons pursuant to Rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008. I am satisfied that the parties have given such consent at the hearing.

Decision
10. The decision of the First.-tier Tribunal involved the making of an error on a point of law; the decision is set aside and shall be remitted to the First-tier Tribunal to be heard afresh.

Upper Tribunal Judge Reeds
Upper Tribunal Judge Reeds

11 August 2025