UI-2026-002111
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The decision
IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-002111
First-tier Tribunal No: PA/70817/2024
THE IMMIGRATION ACTS
Decision & Reasons Issued:
On 27th of May 2026
Before
UPPER TRIBUNAL JUDGE SHERIDAN
Between
SK
(ANONYMITY ORDER MADE)
Appellant
and
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.
DECISION
1. The decision of the First-tier Tribunal (“FTT”) is set aside with no findings preserved and the appeal is remitted to the FTT to be made afresh by a different judge, subject to any representations in writing to be received within 14 days of the date on which this decision is sent.
REASONS
2. In a decision issued on 11 January 2026 the FTT (Judge CJ Cowx) dismissed the appellant’s appeal.
3. The appellant applied for permission to appeal. In a decision dated 24 April 2026 permission was granted.
4. On 6 May 2026 the respondent submitted a rule 24 response conceding that the judge erred. The rule 24 response submits that the FTT decision should be set aside and remitted to the FTT to be made afresh with no findings preserved.
5. It appears to be the case that the parties are in agreement as to the outcome. In these circumstances, my preliminary view (subject to any representations from the parties) is that it is in accordance with the overriding objective to make a decision to set aside the FTT decision and remit the case to the FTT without a hearing pursuant to rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008.
D Sheridan
Judge of the Upper Tribunal
Immigration and Asylum Chamber
15/5/2026