UI-2026-000247

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-000247
First-tier Tribunal No: HU/02281/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

27th October 2026

Before

UPPER TRIBUNAL JUDGE RASTOGI

Between

NP
(ANONYMITY ORDER MADE)
Appellant
and

The Secretary of State for the Home Department
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, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court.


CONSENT ORDER
PURSUANT TO RULE 39(1) OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008
1. By way of a decision sealed on 14 August 2026 I found an error of law in the decision of the First-tier Tribunal dismissing the appellant’s appeal against the respondent’s refusal of his human rights claim. I set the decision aside and retained it in the Upper Tribunal for re-making. The re-making is listed before me on 28 October 2026.
2. On 27 October 2026 the parties sent to the Upper Tribunal a Consent Order in the following terms:
“Pursuant to Rule 39(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, the parties consent to the disposal of the above appeal on the following agreed basis:
1. With the Tribunal’s consent under Rule 17(2), the Respondent withdraws her case and concedes that the Appellant’s removal would amount to a disproportionate interference with his right to respect for family life under Article 8 of the ECHR;
2. That under Section 12(2)(b)(ii) of the Tribunals Courts and Enforcement Act 2007 the Upper Tribunal remakes the decision by allowing the appeal;
3. That the hearing of 28 October 2026 be vacated;
4. The Respondent agrees to grant the Appellant limited leave to remain under Appendix FM as soon as reasonably practicable, and;
5. No order as to costs.”
3. I agree to the respondent withdrawing her case and I agree that it is appropriate to issue a consent order disposing of the proceedings in the above terms.
Notice of Decision
1. The respondent is permitted to withdraw her case pursuant to rule 17(1) and (2) of the Procedure Rules.
2. The hearing listed on 28 October 2026 is vacated.
3. The appeal is allowed on human rights grounds.
4. No order as to costs.


SJ Rastogi
Judge of the Upper Tribunal
Immigration and Asylum Chamber
27 October 2026