UI-2025-003446

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-003446

First-tier Tribunal No: PA/61545/2023
LP/00202/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 8th December 2025

Before

UPPER TRIBUNAL JUDGE SHERIDAN

Between

MJA
(ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department
Respondent

Representation:
For the Appellant: Mr Badar, Counsel instructed by Morganhill Solicitors
For the Respondent: Ms Gilmour, Senior Home Office Presenting Officer

Heard at Field House on 28 November 2025

Order Regarding Anonymity

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity. No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court.


CONSENT ORDER UNDER RULE 39

Background

1. The appellant is appealing against a decision of Judge of the First-tier Tribunal N Ahmed dated 6 May 2025. Permission was granted by Upper Tribunal Judge Lindsley. Following the grant of permission, the respondent submitted a Rule 24 response accepting that the judge erred but submitting the error was not material.

2. At the start of the hearing, Ms Gilmour conceded the appeal on the basis that she considered the error recognised in the Rule 24 response to be material. Her view, which was shared by Mr Badar, was that the appeal should be remitted to the First-tier Tribunal to be made afresh by a different judge.

3. As the parties are in agreement, I have made this consent order to reflect the outcome that they have agreed and request, in accordance with Rules 39 and 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008.

Consent Order

A. The decision of the First-tier Tribunal is set aside.

B. The appeal is remitted to the First-tier Tribunal to be made afresh by a different judge with no findings preserved.


D. Sheridan

Judge of the Upper Tribunal
Immigration and Asylum Chamber


28.11.2025