UI-2025-004890

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-004890

First-tier Tribunal No: HU/58811/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 11 November 2025

Before

UPPER TRIBUNAL JUDGE NEVILLE

Between

ENTRY CLEARANCE OFFICER
Appellant
and

AA
(ANONYMITY ORDER MADE)
Respondent

Decided without a hearing

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. AA’s application for entry clearance was refused by the ECO on 11 June 2025. His appeal against that decision was allowed by the First-tier Tribunal (FtT) in a decision sent to the parties on 11 June 2025.
2. The ECO applied for permission to appeal against the FtT’s decision, which was granted by a different FtT Judge on 18 October 2025. One of the grounds on which permission was granted asserted that the FtT had given inadequate reasons for its conclusions on the medical treatment required by AA. In a rule 24 Response dated 28 October 2025, AA’s representatives accepted that this ground was made out and invited the Upper Tribunal to find an error of law in the FtT’s decision, set it aside, and remit it to the FtT for urgent re-hearing. On 10 November 2025 the ECO confirmed agreement with this course of action.
3. I agree with the parties’ joint position on the error of law and their proposed disposal. The appeal is decided without a hearing, pursuant to rule 34(1), and without further reasons being given, pursuant to rule 40(3).
4. Because this appeal concerns family reunion with a refugee, and due to its underlying circumstances, derogation from the principle of open justice is justified. I make an anonymity order. Whether it continues indefinitely is a matter for the First-tier Tribunal.
Notice of Decision
(i) Any stay directed on this appeal is lifted.
(ii) The decision of the First-tier Tribunal involved the making of an error of law and is set aside.
(iii) The case is remitted to the First-tier Tribunal for re-hearing with no facts preserved, to be heard by a different Judge.
(iv) The Upper Tribunal directs that the case be urgently referred to the Acting Resident Judge in Manchester IAC for listing and case management.


J Neville
Judge of the Upper Tribunal
Immigration and Asylum Chamber

11 November 2025