UI-2026-002877

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-002877
First-tier Tribunal No: HU/64231/2023
LH/07902/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 20 July 2026

Before

UPPER TRIBUNAL JUDGE MAHMOOD

Between

JG
(Anonymity Order Continued)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
1. The Appellant had sought permission to appeal against the decision of First-tier Tribunal Judge S.J. Clarke dated 25 February 2026.
2. By way of a Rule 24 reply dated 2 July 2026 the Respondent has made a concession and has stated:
“The respondent does not oppose the appellant’s application for permission to appeal and invites the Tribunal to determine the appeal with a fresh oral hearing at the FTT.
It is noted that the heading of the grant of permission does say granted but at [13] the permission Judge gives reasons for not granting permission on the first 5 grounds. Permission is granted on the sixth ground and [16] states permission is only granted on this ground; therefore, permission is only granted on whether the FT Judge in relation to [36] and whether the report of Dr Ashraf-ul Hoque was considered.
It is accepted that the Judge erred because the decision does not contain any reference to Dr Ashraf-ul Hoque report. The supplementary skeleton argument does make reference to the report at [22]-[23].”
3. Applying Rule 34 of The Tribunal Procedure (Upper Tribunal) Rules 2008 I consider that it is appropriate to make a decision in this case without a hearing.
4. In view of the Respondent’s concession, properly made, the Appellant’s appeal is allowed.
5. FTT Judge S. J. Clarke’s decision is set aside. None of the findings shall stand. There shall be a rehearing.
6. Having considered the Senior President’s Practice Statement and Begum alongside the written submissions, it is appropriate that this matter be remitted to the First-tier Tribunal for that rehearing.
Notice of Decision
The decision of the First-tier Tribunal contains a material error of law and is set aside in its entirety.
The matter is remitted to the First-tier Tribunal for a rehearing.



Abid Mahmood

Judge of the Upper Tribunal
Immigration and Asylum Chamber


3 July 2026