UI-2025-002765 & UI-2025-002766
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The decision
IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-002765
UI-2025-002766
First-tier Tribunal Nos: PA/66114/2023
PA/62171/2023
LP/02815/2024
THE IMMIGRATION ACTS
Decision & Reasons Issued:
On 15th of July 2025
Before
UPPER TRIBUNAL JUDGE KHAN
Between
BHBF (1)
NPCF (2)
(ANONYMITY DIRECTIONS MADE)
Appellants
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
DECISION AND REASONS
1. On 03 April 2025, First-Tier Tribunal Judge Easterman(‘FTTJ’) dismissed the appellants’ appeal on asylum, humanitarian protection and human rights grounds.
2. The appellants sought permission to appeal the decision of the First-tier Tribunal. Permission was granted by First-tier Tribunal Judge Adio on 24 June 2025 on all two grounds of appeal which he determined were arguable errors of law.
3. Ground (1) argued that the FTTJ failed to assess the evidential value of the police report which was capable of corroborating the applicants’ claims. Ground (2) argued that the FTTJ placed unduly significant negative evidential value on the section 8 matters in the case.
4. On 30 June 2025, the respondent filed a Rule 24 response stating that both grounds were conceded as it was accepted that the FTTJ had materially erred in their determination. In considering the principles arising from Sufia Begum v Secretary of State for the Home Department [2023] UKUT 46 (IAC), the respondent invited the Upper Tribunal to remit the appeal to the FTT for a de novo hearing.
5. Having carefully considered the submissions and the principles set out in AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 as applied in Begum, I agree that the appropriate course is to remit the case to the FTT Hatton Cross for a de novo hearing, to be heard by any judge other than First-Tier Tribunal Judge Easterman. I therefore remit the case to the FTT Hatton Cross.
6. The FTT is invited to list a case management hearing on the first available date, for directions to the parties to be agreed.
Notice of Decision
7. The appeal be remitted to the First-Tier Tribunal, Hatton Cross, for a fresh de novo hearing to be heard before any judge other than First-Tier Judge Easterman.
8. No Findings of fact from the previous determination are preserved.
9. The First-Tier Tribunal is invited to list a Case Management Hearing on the first available date, for directions to the parties to be agreed.
K.A.Khan
Judge of the Upper Tribunal
Immigration and Asylum Chamber
10 July 2025