UI-2026-000196

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-000196
First-tier Tribunal No: HU/55067/2024
LH/01206/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:

17th September 2026

Before

UPPER TRIBUNAL JUDGE KAMARA

Between

SZ
(ANONYMITY ORDER MADE)
Appellant
and

THE ENTRY CLEARANCE OFFICER
Respondent

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 or his family members, 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 ON WITHDRAWAL
1. On 21 July 2026 the Upper Tribunal (UT) decided that the First-tier Tribunal (FtT) had erred in law in dismissing the appellant’s human rights claim. The FtT decision was set aside, albeit there were preserved findings which resulted in the matter being retained in the UT for remaking.
2. On 16 September 2026, a consent order was uploaded to CE-file, signed by both parties, under Rule 39(1) of The Tribunal Procedure (Upper Tribunal) Rules 2008.
3. The said order stated that the parties consented to the disposal of the appeal, with the Tribunal’s consent under Rule 17(2) to the respondent’s withdrawal of her case and that the appeal be summarily allowed under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 and the hearing of 18 September 2026 be vacated.
4. In addition, consent was given on the basis that the appellant is to be granted entry clearance and that there be no order as to costs.
Decision
5. In view of the foregoing agreement between the parties, the Upper Tribunal is content to consent to the respondent’s withdrawal of her case that the appellant did not qualify for entry clearance under Paragraph CNP 3.3 of Appendix Child staying with or joining a Non-Parent Relative (Protection).
6. In view of the respondent’s intention to grant the appellant entry clearance, the appeal is summarily allowed.
7. The hearing listed for 18 September 2026 is hereby vacated and no attendance by the parties is required.
8. I make no order as to costs.

Notice of Decision
The appeal is allowed.


T Kamara

Judge of the Upper Tribunal
Immigration and Asylum Chamber

16 September 2026