UI-2026-003044

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-003044
First-tier Tribunal No: PA/01590/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 2nd of October 2026

Before

UPPER TRIBUNAL JUDGE SHERIDAN

Between

MK
(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 Hoshi (“the judge”).

2. On 1 July 2026 permission to appeal was granted by the Upper Tribunal.

3. On 10 August 2026 the respondent filed a response to the grounds of appeal pursuant to rule 24. In the response, the respondent stated that she accepts that the judge erred and proposes that the appeal should be remitted to the First-tier Tribunal.

4. On 27 August 2026 the Upper Tribunal gave a preliminary view that the respondent’s concession is properly made and that the appeal should be remitted to the First-tier Tribunal for a fresh hearing. The parties were given an opportunity to make written submissions. No submissions have been received.

5. The reason the parties agree that the decision of the First-tier Tribunal cannot stand, which I accept, is that it was unfair to proceed in the appellant’s absence thereby denying him the benefit of a hearing, when it appears that the reason the appellant did not attend was a failure to properly notify him of the hearing.

6. Given the agreement of the parties as to the outcome, and the nature of the error of law, I have decided to set aside the decision of the First-tier Tribunal and remit the appeal to the First-tier Tribunal to be made afresh by different judge.

Notice of Decision and Directions

7. 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.


D Sheridan

Judge of the Upper Tribunal
Immigration and Asylum Chamber


29.9.2026