UI-2026-002709

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-002709

First-tier Tribunal No: PA/58940/2024
LP/01738/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:

1st October 2026

Before

UPPER TRIBUNAL JUDGE SHERIDAN

Between

S Q V
(ANONYMITY ORDER MADE)
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. This is an appeal against a decision of Judge of the First-tier Tribunal Chana (“the judge”) dated 19 March 2026.

2. On 22 May 2026 permission to appeal was granted by the First-tier Tribunal.

3. On 22 June 2026 the respondent filed a response to the grounds of appeal pursuant to rule 24. In the response, the respondent states that she accepts that the judge erred and proposes that the appeal should be remitted to the First-tier Tribunal.

4. Whilst the parties are clearly in agreement about the key question of whether the decision should be set aside, their positions on disposal are not clear. Disposal is not addressed by the applicant in the grounds and the rule 24 response indicates that the respondent believes some findings of fact should be preserved without delineating this clearly.

5. My preliminary view is that, in the light of the nature of the error conceded by the respondent, the decision should be remitted to the First-tier Tribunal to be made afresh with no findings persevered. However, the parties may disagree and a final decision on this will not be made without giving them an opportunity to address the issue.

Notice of Decision and Directions

6. The decision of the First-tier Tribunal is set aside with no findings preserved and the appeal is remitted to the First-tier Tribunal for the decision to be made afresh by a different judge.

7. The order in para. 6 is subject to any representations in writing to be received within 7 days of the date on which this decision is sent. If no written submissions are received within 7 days the order in paragraph 6 will take effect.


D Sheridan

Judge of the Upper Tribunal
Immigration and Asylum Chamber


29.9.2026