Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-001738

First-tier Tribunal No: PA/65496/2023

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On the 11 August 2025

Before

UPPER TRIBUNAL JUDGE REEDS

Between

S K
(ANONYMITY ORDER CONTINUED)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

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

Heard at (IAC) on 30 July 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 21 February 2025 .
2. Permission to appeal that decision was sought and permission was granted by FtTJ Turner on 14 April 2025 on all four grounds of challenge.
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 Iraq, who appealed to the First-tier Tribunal (“FtT”) against a decision to refuse his protection and human rights claim.
5. In a decision promulgated on 21 February 2025 , the FtTJ dismissed the appeal having made an adverse credibility assessment of his claim on all grounds and also that the claim did not engage the Refugee Convention. Additionally this was an appeal which relied upon sur place political opinion.
6. Permission to appeal having been granted by FtTJ Turner the appeal was listed for hearing.
7. At the hearing of the appeal, Ms Young on behalf of the respondent conceded that the decision of the FtTJ involved the making of material errors of law as set out in the appellant’s four grounds which related to the failure to give reasons relating to the events in Iraq, by reference to the evidence ( oral and documentary) and when read with ground 2 and the requirement for evidence, the misdirection in law (ground 3) and failing to take account of evidence, including the objective evidence provided and for not giving reasons (in the context of his sur place claim). Whilst ground 3 by itself would not be an error which was material, the effect of the errors in relation to other grounds were material as they affected the assessment of the credibility of the appellant’s claim and assessment of risk.
8. The parties are in agreement that the decision discloses the making of a material error of law and that the adverse credibility findings made upon matters relevant to the appellant’s core claim as to the events in both Iraq and the UK necessarily affected the overall assessment of credibility.
9. In terms of remaking the decision, it is evident that both parties agree that the credibility findings are flawed on the protection claim so that none of the findings of fact are sustainable. 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. Both parties submitted it should be remitted to the First-tier Tribunal.
10. Having 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 the decision of the Court of Appeal in AEB v SSHD [2022] EWCA Civ 1512 and the decision in Begum [2023] UKUT 46 (IAC) I accept the submissions of the advocates. I am satisfied that in light of the errors of law identified and the fact findings and assessment of the evidence 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.
11. Accordingly I am satisfied that it would in all circumstances be appropriate to set aside the decision in its entirety and for it to be remitted to the First-tier Tribunal to be heard afresh.
12. 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 on 30 July 2025 as confirmed by both advocates.
Decision
13. 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 (Birmingham) to be heard afresh.

Upper Tribunal Judge Reeds
Upper Tribunal Judge Reeds

30 July 2025