UI-2025-004793

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2025-004793
First-tier Tribunal No: PA/03139/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 4 August 2026

Before

UPPER TRIBUNAL JUDGE PERKINS

Between

K M
(ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department
Respondent

Determined without a hearing pursuant to
rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008


DECISION AND REASONS

1. The anonymity order made by the First-tier Tribunal is affirmed.
2. The appellant, with the permission of the First-tier Tribunal, appeals a decision of the First-tier Tribunal on 3 September 2025 to dismiss his appeal against a decision of the respondent to refuse him protection.
3. An important reason for granting permission is that is arguable that the Judge overlooked evidence that had been provided.
4. In a Rule 24 Notice dated 21 October 2025 and signed by Mr E Tufan, a Senior Home Office Presenting Officer, the respondent conceded that there would be difficulties in persuading the Upper Tribunal to uphold the decision and suggested fairness required that the appeal be remitted.
5. Realistically the appellant can get no better result than a decision setting aside the decision of the First-tier Tribunal and ordering a rehearing in the First-tier Tribunal.
6. The First-tier Tribunal is appropriate because it is the appellant’s case that he has not had a fair hearing.
7. In the circumstances I make the decision set out below.


Notice of Decision

8. The First-tier Tribunal erred in law. I set aside its decision and I direct that the appeal be heard again in the First-tier Tribunal before a different judge.


Jonathan Perkins

Judge of the Upper Tribunal
Immigration and Asylum Chamber


23 July 2026