Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-001498
First-tier Tribunal No: PA/65092/2023

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 20 July 2026

Before

UPPER TRIBUNAL JUDGE REEDS

Between

K U
(ANONYMITY ORDER CONTINUED)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr Greer, Counsel instructed on behalf of the appellant
For the Respondent : Mr Wain, Senior Presenting Officer on behalf of the respondent

Heard at (IAC) on 6 July 2026

DECISION MADE PURSUANT TO RULE 40 OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008
1. The appellant appeals with permission against the decision of the First-tier Tribunal Judge (hereinafter referred to as the “FtTJ”) who dismissed the appellant’s protection and human rights appeal in a decision promulgated on the 27 December 2025 .
2. Permission to appeal that decision was sought and permission was granted by UTJ Mahmood on 16 May 2025.
3. The FtTJ did make an anonymity order, and no grounds were submitted during the hearing for such an order to be discharged. Anonymity is granted because the facts of the appeal involve a protection claim.
Rule 14: The Tribunal Procedure (Upper Tribunal) Rules 2008: Unless and until a tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.
4. The appellant is a citizen of Namibia, who appealed to the First-tier Tribunal (“FtT”) against a decision to refuse her protection and human rights claim.
5. In a decision promulgated on 27 December 2025 , the FtTJ dismissed the appeal having made an adverse credibility assessment of her claim. Permission to appeal having been granted by UTJ Mahmood the appeal was listed for hearing. Prior the hearing of the appeal, a rule 24 response filed on behalf of the respondent conceded that the decision of the FtTJ involved the making of material error of law stating, “it is accepted that the FtTJ materially erred when he considered the case under the appellants appeal under section 32 of NABA 2022. Although Counsel had initially asked for the appeal to be considered under this act it clearly was an error. One of which the FTTJ should have been alive to. The R would submit that the FTTJ clearly missed Counsels email retracting their concession. To be fair to the Appellant the case should be remitted back to the FTT for consideration”.
6. At the hearing, Mr Wain on behalf of the respondent confirmed the concession made and expanded on the materiality of the errors of law including reference to ground 1 and that there were inadequate reasons given for the assessment of internal relocation and this related to paragraph 18 of the decision. Mr Greer agreed and made reference to the expert evidence on this issue.
7. The parties are in agreement that the decision discloses the making of an error of law and that the erroneous submission which had led to the FtTJ applying the incorrect legal framework necessarily affected the overall assessment of the claim which would include the factual findings applying the wrong standard of proof. The issue of internal relocation is also affected by reference to ground 1 as set out above.
8. Both parties have invited the Upper Tribunal to set aside the decision and in view of the fact finding that is necessary on all parts of the claim both submit that the appeal should properly be heard afresh. Both parties submitted it should be remitted to the First-tier Tribunal. I have given careful consideration to the Joint Practice Statement of the First-tier Tribunal and Upper Tribunal concerning the disposal of appeals in this Tribunal and have done so in light of the submissions of the parties. I have considered the issues in the light of the practice statement recited and the recent decision of the Court of Appeal in AEB v SSHD[2022] EWCA Civ 1512 and the decision in Begum [2023] UKUT 46(IAC. ) As to the remaking of the decision I am satisfied that in light of the errors of law identified and the fact findings which will be necessary, the appeal falls within paragraphs 7.2 (b) of the practice statement. I therefore remit the appeal to the First-tier Tribunal for that hearing to take place.
9. Accordingly, I am satisfied that it would in all circumstances be appropriate to set aside the decision in its entirety and for it to be remitted to the First-tier Tribunal to be heard afresh with no findings of fact preserved.
10. Rule 40 of the Tribunal Procedure (Upper Tribunal) rules 2008 allows the Upper Tribunal to give a decision orally at a hearing. Rule 40 (3) states that the Upper Tribunal must provide written reasons with a decision notice to each party as soon as reasonably practicable after making a decision which finally disposes of all issues in the proceedings. Rule 40 (3) provides exceptions to the rule if the decision is made with the consent of the parties, or the parties have consented to the Upper Tribunal not giving written reasons. In this case the parties consented to a decision without reasons pursuant to Rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008. I am satisfied that the parties have given such consent at the hearing.
Decision
11. The decision of the First.-tier Tribunal involved the making of an error on a point of law; the decision is set aside and shall be remitted to the First-tier Tribunal to be heard afresh with no findings of fact preserved.

Upper Tribunal Judge Reeds
Upper Tribunal Judge Reeds

6 July 2026