UI-2026-001284

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The decision


IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-001284
First-tier Tribunal No:
 HU/53924/2023
LH/06286/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 23 July 2026

Before

UPPER TRIBUNAL JUDGE RUDDICK

Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

Adewale Israel Adelakun
Respondent

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


DECISION AND REASONS
1. On 29 April 2026, the Upper Tribunal granted the Secretary of State for the Home Department permission to appeal against the determination of the First-tier Tribunal (“FtT”) dated 16 February 2026, which allowed Mr Adelakun’s appeal against the refusal of his human rights claim.
2. For continuity of reference, I will refer to the parties as they were before the FtT.
3. The appeal was listed for hearing before the Upper Tribunal on 9 July 2026.
4. On 8 July 2026, the appellant’s solicitors wrote to the Upper Tribunal, saying
“Regrettably, we are instructed to concede that there are material errors in [the FTTJ’s] application of the statutory requirements under the 2002 Act, and the Respondent [Mr Adelakun] therefore does not oppose the Secretary of State’s appeal. We respectfully request that [the FTTJ’s] Decision and Reasons be set aside and that the matter be remitted for a de novo hearing.”
5. In accordance with Rule 34(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008, the Upper Tribunal contacted the respondent for her view. The respondent replied that she agreed that the matter should be remitted to the FtT for a hearing de novo, with no findings preserved.
6. Taking into account the guidance set out in Majera v SSHD [2025] EWCA Civ 159, Begum (Remaking or remittal) Bangladesh [2023] UKUT 00046 (IAC) and AEB v SSHD [2022] EWCA Civ 1512, as well as the Practice Statement of 11 June 2018, and I consider that remittal to the FtT is appropriate in this case given the extensive fact-finding required.

Notice of Decision
The decision of the First-tier Tribunal dated 16 February 2026 is set aside in its entirety and the appeal is remitted to the First-tier tribunal for a fresh hearing on all issues, before any other judge.


E. Ruddick

Judge of the Upper Tribunal
Immigration and Asylum Chamber


11 July 2026