UI-2026-001360

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-001360

First-tier Tribunal No: PA/01146/2025
PA/79656/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

2nd August 2026

Before

UPPER TRIBUNAL JUDGE LANE

Between

MS
(ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department
Respondent

Representation:

For the Appellant: Ms Sepulveda
For the Respondent: Mr Tan, Senior Presenting Officer

Heard at Manchester Civil Justice Centre on 14 July 2026

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. The appellant is a male citizen of Egypt. He appealed to the First-tier Tribunal against a decision of the Secretary of State dated 9 December 2024 to refuse his international protection claim. The First-tier Tribunal, in a decision promulgated on 12 December 2025, allowed his appeal on Article 3 ECHR and humanitarian protection grounds but dismissed it on asylum grounds. The appellant now appeals to the Upper Tribunal.
2. By a Rule 24 letter dated 1 April 2026, the Secretary of State informed the Upper Tribunal that she conceded the appeal and considered that the decision should be remade allowing the appeal on asylum grounds. At the Upper Tribunal initial hearing, Mr Tan, Senior Presenting Officer, confirmed the position of the Secretary of State.
3. I agree, for the reasons set out in the Rule 24 letter at [2-5], that the appeal should be allowed and the decision remade. It is concerning that the Upper Tribunal failed to act on the Rule 24 letter which had clearly indicated that there would be no need for an oral hearing in light of the Secretary of State’s concession. The time and resources of the parties and Upper Tribunal have been effectively wasted as a consequence of the Upper Tribunal’s failure.
Notice of Decision
The decision of the First-tier Tribunal is set aside. I remake the decision allowing the appeal on asylum and Article 3 ECHR grounds. The appeal on humanitarian protection grounds is dismissed.


C. N. Lane

Judge of the Upper Tribunal
Immigration and Asylum Chamber

Dated: 14 July 2026