UI-2026-002585

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case Nos.: UI-2026-002585
First-tier Tribunal No: PA/02628/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

3rd August 2026

Before

UPPER TRIBUNAL JUDGE GREY

Between

NM
Appellant
And

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
MADE WITHOUT A HEARING PURSUANT TO
RULE 34 OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008


1. The Appellant appeals against the decision of First-tier Tribunal Judge Cameron (the “Judge”) promulgated on 29 January 2026 (“the Decision”) dismissing the Appellant’s protection and human rights based appeal.

2. The Appellant’s grounds of challenge to the Decision include an assertion that it was procedurally unfair for the Judge to proceed to determine the appeal in the Appellant’s absence in circumstances where he was unaware of the hearing and had no realistic access to legal representation, which he required in order to engage fairly with the appeals process.

3. Permission to appeal was granted by UTJ Sheridan on 6 June 2026 in the following terms:

Unfairness can arise even if there has not been a failing by a judge: MM (unfairness; E & R) Sudan [2014] UKUT 105 (IAC). Arguably, this is a case where proceeding with the hearing in the appellant’s absence resulted in there not being a fair hearing of the appellant’s case even though the judge may have acted reasonably in deciding to proceed based on the information that was available at the time.

4. By a Rule 24 response dated 1 July 2026 the Respondent has indicated that she does not oppose the Appellant’s appeal. In accordance with the Respondent’s concession, I therefore find there to be an error of law in the Decision. I set the Decision aside in its entirety and remit the appeal to the First-tier Tribunal for re-hearing before any judge other than Judge Cameron.


NOTICE OF DECISION
The Decision of Judge Cameron promulgated on 29 January 2026 involved the making of an error of law. I therefore set aside the Decision in its entirety. I remit the appeal to the First-tier Tribunal for re-hearing before any judge other than Judge Cameron.


S Grey
Judge of the Upper Tribunal
Immigration and Asylum Chamber
23 July 2026