Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-004368

First-tier Tribunal No: PA/59584/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 27th of November 2025

Before

UPPER TRIBUNAL JUDGE SHERIDAN

Between

BS
(ANONYMITY ORDER MADE)
Appellant
and

The Secretary of State for the Home Department
Respondent

Representation:
For the Appellant: Ms Vidal of Counsel instructed by Haris Ali Solicitors
For the Respondent: Ms McKenzie, Senior Home Office Presenting Officer

Heard at Field House on 17 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.

DECISION AND REASONS
1. This decision is given orally following hearing submissions from Ms Vidal and Ms McKenzie.
2. My decision will be brief because Ms McKenzie, on behalf of the Secretary of State, conceded the appeal and it is common ground between the parties that the case should be remitted to the First-tier Tribunal for a fresh hearing.
3. This is an appeal against a decision of Judge of the First-tier Tribunal Beg dated 27 August 2025.
4. The appellant is a citizen of Albania, born in 1991, who has been in the UK since 2016. He claims to face a risk of persecution or serious harm in Albania for two reasons. First, he claims to be at risk from a mafia gang that is owed money by his brother. He claims that in 2016 the gang members destroyed everything in his family home and stabbed him in the shoulder.
5. Second, the appellant claims to face a risk of being trafficked. The appellant claims that he was forced to work on a farm in Belgium by Albanian criminals. In May 2023 his claim to be a victim of trafficking was accepted by the Competent Authority, who made a positive Conclusive Grounds decision.
6. The judge dismissed the appeal because she did not accept that the appellant had given a truthful account. She characterised the claim, both in respect of the mafia gang and trafficking, as being fabricated.
7. The grounds make a range of submissions but essentially argue that there was a lack of reasons or adequate reasons to support the adverse credibility findings.
8. Ms McKenzie accepted that the grounds were made out. She agreed with them that there was an absence of reasons to support the judge’s adverse findings about the claimed risk from the mafia gang and that the findings in respect of trafficking were not supported by any reasons. She also stated that the findings in respect of trafficking appeared contradictory, as at paragraph 50 the judge appeared to accept that the appellant was trafficked but in paragraph 56 the judge found that he was not. Ms McKenzie submitted that the case should be remitted to the First-tier Tribunal to be heard afresh given that the credibility findings cannot stand.
9. Ms Vidal agreed with Ms McKenzie.
10. I accept the position of both parties that the decision cannot stand, for the reasons given at the hearing by Ms McKenzie when conceding the appeal.
11. I also agree with Ms McKenzie and Ms Vidal that the case should be remitted to the First-tier Tribunal. Appeals will remain in the Upper Tribunal for remaking unless one of two exceptions are satisfied. Those exceptions are set out in Section 7.2 of the relevant Practice Statement. In this case one of the exceptions applies, which is that significant further fact-finding is likely to be necessary. This is because none of the findings of fact can be preserved and a judge, when remaking the decision, will need to consider everything afresh.

Notice of Decision
12. The decision of the First-tier Tribunal is set aside and the case is remitted to the First-tier Tribunal to be made afresh by any First-tier Tribunal Judge other than Judge of the First-tier Tribunal Beg.

D. Sheridan
Judge of the Upper Tribunal
Immigration and Asylum Chamber

21.11.2025