UI-2025-003104

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case Nos: UI-2025-003104


First-tier Tribunal No: EA/50375/2021
IA/04738/2021

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 12th of December 2025

Before

UPPER TRIBUNAL JUDGE GREY

Between

MUHAMMAD FAHEEM AKHTAR
Appellant
And

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
MADE WITHOUT A HEARING PURSUANT TO
RULE 34 OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

1. The Appellant appeals against the decision of First-tier Tribunal Judge Uddin promulgated on 25 April 2025 (“the Decision”) dismissing his appeal against the Respondent’s decision dated 19 January 2021 refusing his application for derivative residence under The Immigration (European Economic Area) Regulations 2016.
2. The Decision was made following a hearing held at Taylor House on 25 April 2024, over 12 months before the Decision was promulgated. Permission to appeal was granted by UTJ Hirst in a decision dated 20 October 2025 and issued on 1 December 2025, on the basis that an arguable material error of law arose from the delay in promulgating the Decision.
3. The Respondent has provided a Rule 24 response dated 4 December 2025 stating that she does not intend to oppose the Appellant’s appeal and indicating that the proper outcome is for the appeal to be remitted to the First-tier Tribunal for a de novo hearing with no preserved findings.
4. In accordance with the Respondent’s concession, I therefore find there to be an error of law in the Decision, I set that aside in its entirety and remit the appeal to the First-tier Tribunal (Taylor House) for re-hearing before any First-tier Tribunal Judge other than Judge Uddin.
NOTICE OF DECISION
The Decision of Judge Uddin promulgated on 29 April 2025 involved the making of an error of law. I therefore set aside that Decision in its entirety. I remit the appeal to the First-tier Tribunal (Taylor House) for re-hearing before any First-tier Tribunal Judge other than Judge Uddin.


S Grey

Judge of the Upper Tribunal
Immigration and Asylum Chamber
10 December 2025