Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case Nos: UI-2025-004278
UI-2025-004279
First-tier Tribunal Nos: PA/65971/2023
PA/65975/2023
LP/11640/2024
LP/11639/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 15th of April 2026

Before

DEPUTY UPPER TRIBUNAL JUDGE B KEITH

Between

AL (ALBANIA)
RZ (ALBANIA)
(ANONYMITY ORDER MADE)
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellants: Mr M West, Counsel instructed by Law Lane Solicitors
For the Respondent: Mrs R Arif, Senior Home Office Presenting Officer

Heard at Field House on 21 January 2026

Order Regarding Anonymity

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, [the appellants] (and/or any member of his family, expert, witness or other person the Tribunal considers should not be identified) is granted anonymity.

No-one shall publish or reveal any information, including the name or address of the appellants, likely to lead members of the public to identify the appellants (and/or other person). Failure to comply with this order could amount to a contempt of court.

DECISION AND REASONS
1. The case is listed before me today in relation to an error of law. The appeal is against the decision of First-tier Tribunal Judge Aziz which was heard at Birmingham Immigration Appeal Tribunal on 23 July 2025 and promulgated on 30 July 2025.
2. By a Rule 24 response dated 3 November, although not received by the court until the middle of December, the Secretary of State concedes that there is an error of law in this case, the error of law being that the First-tier Tribunal Judge misapplied the correct standard of proof. The respondent states at paragraph 3 of the Rule 24:
“The Respondent acknowledges that the incorrect standard of proof has been applied, as this application was made prior to the June 28th 2022 and therefore the Nationality and Borders Act 2022 is not applicable. It appears the Judge is mistaken at paragraphs 2 and 16 in considering that the claim was made in 2023, when it was in fact made on the 15th February 2022”.
3. As a result of the misapplication of the standard of proof no findings of the First-tier Tribunal can stand. I therefore set aside the judgment and upon agreement between the parties I endorse the submission that it should be sent to the First-tier Tribunal for rehearing and I so do.
4. My order is therefore that the judgment contains a material error of law and is set aside, and secondly that it will be sent to the First-tier Tribunal for rehearing with no findings preserved.

Judge of the Upper Tribunal
Immigration and Asylum Chamber