Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2025-004520
First-tier Tribunal No: PA/50397/2024
LP/01885/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:

25th June 2026

Before

UPPER TRIBUNAL JUDGE O’BRIEN

Between

MR
(ANONYMITY ORDER MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr M Rahman, Solicitor Advocate
For the Respondent: Ms H Gilmour, Senior Home Office Presenting Officer

Heard at Field House on 6 May 2026

Order Regarding Anonymity

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant and any member of his family 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 or his family members. Failure to comply with this order could amount to a contempt of court.

DECISION AND REASONS
1. The appellant appeals against the decision of the First-tier Tribunal dated 17 June 2026 dismissing his appeal against the respondent's refusal of his protection and human rights claims.
2. In a decision dated 25 January 2026, Upper Tribunal Judge Owens gave permission for the appellant to appeal on all pleaded grounds. Those grounds in short were that the First-tier Tribunal had erred in concluding that country conditions had stabilised to the extent that past and ongoing threats could be disregarded; had failed to assess properly the continuing risks to the appellant; had failed to consider the cumulative effect of risk factors; and had given inadequate consideration to Article 8 ECHR and the best interests of the appellant’s children.
3. Miss Gilmour conceded that the first ground disclosed a material error of law, and I consider that a concession well made. The Tribunal quoted extensively in [19] from the respondent’s most recent country policy and information note, ‘Bangladesh: political situation’, published in December 2024 without making any apparent attempt to resolve the evidence suggesting a significant change in the politicisation of the police and the judiciary against evidence suggesting that change was not yet complete.
4. Mr Rahman made a number of criticisms of the Tribunal’s reasoning not set out in the grounds. He made an oral application to amend those grounds but was unable to give any satisfactory explanation for why the new criticisms were being advanced so far out of time. Ms Gilmore resisted the application. As it was, given her concession on ground one, which went to the heart of the Tribunal’s assessment of risk on return, it was unnecessary to consider any of the remaining grounds of appeal, let alone admit further challenges. She also conceded that the judge’s Article 8 assessment was necessarily flawed for the same reasons.
5. Ms Gilmore did, however, share my reservations regarding the judge’s findings on the reliability of certain documentation relied on by the appellant (in particular, the Bangladesh court documentation and the Facebook extracts). The judge appears to have required the respondent to establish that the documents were unreliable rather than placing the burden of establishing reliability on the appellant.
6. In the circumstances, I find that the most appropriate course of action is to set aside the decision with no findings preserved and to remit the appeal to the first-tier Tribunal. That said, both parties agreed that the appeal should be stayed pending promulgation of up to date country guidance on the risks facing BNP supporters in Bangladesh who are subject to an extant arrest warrant.

Notice of Decision
1. The decision of the First-tier Tribunal involved the making of an error on a point of law and is set aside.
2. The appeal is remitted to the first-tier Tribunal to be heard by another judge with no findings preserved.
3. The appeal is stayed until promulgation of the upper Tribunal’s country guidance to be given in UI-2024-005988, or until further order.
4. Liberty to apply to restore the appeal.

Sean O'Brien

Judge of the Upper Tribunal
Immigration and Asylum Chamber

6 May 2026