UI-2025-004497

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-004497
PA/54659/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 13 November 2025


UPPER TRIBUNAL JUDGE McWILLIAM

Between

ES
(ANONYMITY ORDER MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
1. The appellant has been granted permission to appeal against the decision of the FTT (Judge Caswell) to dismiss his appeal on asylum grounds. The SSHD in her response under Rule 24 of the 2008 Rules has conceded a material error as the judge did not apply the correct standard of proof. It is conceded that the entire decision should be set aside and the UT is invited to remit the appeal to the FTT for a fresh hearing.

2. I set aside the decision of the FTT to dismiss the appellant’s appeal.

3. The appellant has 7 days from the sending of this order to make representations as to venue. In default the matter will be remitted to the FTT for a fresh hearing, not before Judge Caswell.


Joanna McWilliam
Judge of the Upper Tribunal
Immigration and Asylum Chamber

15 October 2025