UI-2026-000635

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-000635
First-tier Tribunal No: PA/02653/2024
PA/54941/2024

THE IMMIGRATION ACTS

Directions Issued:

3rd August 2026

Before

DEPUTY UPPER TRIBUNAL JUDGE HOWARTH

Between

ZA
(ANONYMITY ORDER MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Ms K. Tobin, Counsel instructed by Wimbledon Solicitors
For the Respondent: Mr J Nappey, Senior Home Office Presenting Officer


ORDER

1. In an Error of Law Decision dated 14 May 2026, Deputy Upper Tribunal Judge C J Williams determined that the First-tier Tribunal Judge (“the judge”) made a material error of law, set aside the judge’s decision in part with preserved findings and directed the appeal should be retained within the Upper Tribunal for a re-making hearing.
2. The appeal was listed for the re-making hearing on 1 July 2026, however, the hearing was adjourned following the admission of fresh evidence produced by the appellant at that hearing, and directions were made for written submissions from the parties regarding the scope of the appeal in view of the fresh evidence, the preserved findings and whether the appeal should remain in the Upper Tribunal for re-making, or be remitted to the First-tier Tribunal. I am grateful for the detailed written submissions provide by Mr Napey for the respondent and Ms Tobin on behalf of the appellant.
3. Having considered those submissions and having considered and applied the guidance in paragraph 7 of the Senior President's Practice Statement, as well as the guidance in AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 and Begum (Remaking or remittal) [2023] UKUT 46 (IAC), I am satisfied that in view of the admission of the fresh evidence in the appeal which has widened the scope of the appeal, the better course is to remit the appeal to the First-tier Tribunal to be considered by a different judge de novo. This is because the fact finding exercise is now more extensive than that contemplated by Deputy Upper Tribunal Judge C J Williams and a credibility assessment will be required. I therefore make the directions set out below, in order for the appeal to be remitted and heard by a different judge of the First-tier Tribunal.


DIRECTIONS:

1. Further to the Decision of Deputy Upper Tribunal Judge C J Williams dated 14 May 2026 finding the First-tier Tribunal decision involved the making of an error of law, the decision of the First-tier Tribunal dated 12 December 2025 is set aside.
2. The appeal will be remitted to the First-tier Tribunal to be heard by a judge other than First-tier Tribunal Judge S Khan. No findings of fact are preserved.

K. Howarth

Deputy Judge of the Upper Tribunal
Immigration and Asylum Chamber


22 July 2026