UI-2026-002217

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI -2026-002217
First-tier Tribunal No: PA/69550/2024

THE IMMIGRATION ACTS

Notice Issued:

27th August 2026

Before

UPPER TRIBUNAL JUDGE McWILLIAM

Between

A R
(ANONYMITY ORDER MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Notice under Rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008

1. The respondent in this case is the Secretary of State for the Home Department. The appellant was granted permission to appeal against the decision of the F-tT (Judge Hawden-Beal) to dismiss his appeal against the decision of the respondent rejecting his protection claim.
2. The grounds contend, amongst other things, that the judge acted in a procedurally unfair. The respondent in a rule 24 response conceded that there was a procedural unfairness arising from the judge having conducted her own research and is of the view that the decision of the F-tT should be set aside.
3. Upper Tribunal Judge Blum issued directions to the parties in the following terms:
i. No later than 10 days after these directions are sent the parties must inform the Upper Tribunal whether they object to the ‘error of law’ appeal being determined without a hearing pursuant to rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008 on the basis that an error of law has been identified and a judge will write a brief decision remitting the decision back to the First-tier Tribunal (IAC) for a full de novo hearing.
ii. If the Upper Tribunal does not receive any correspondence from the parties pursuant to (1) it will proceed on the basis that neither party objects to the appeal being determined pursuant to rule 34 on the basis set out above and remitted to the First-tier Tribunal (IAC).
4. The directions were issued on 2 June 2026. There has been no response by the parties.
5. The error of law can be determined without a hearing. The decision of the F-tT is set aside as a result of procedural unfairness. The appeal is remitted to the F-tT for a fresh hearing, not before Judge Hawden-Beal.


Joanna McWilliam

Judge of the Upper Tribunal
Immigration and Asylum Chamber
18 August 2026