UI-2026-003170 & UI-2026-003171

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-003170
UI-2026-003171

First-tier Tribunal No: PA/55191/2025
PA/55193/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:

3rd August 2026

Before

UPPER TRIBUNAL JUDGE HIRST

Between

RB
RB2
(NO ANONYMITY ORDER MADE)
Appellants
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Order Regarding Anonymity

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the Appellants are granted anonymity. No-one shall publish or reveal any information, including the name or address of the Appellants, likely to lead members of the public to identify the Appellants. Failure to comply with this order could amount to a contempt of court.


DECISION AND REASONS

1. The Appellants appeal from the decision of the First-tier Tribunal dated 11 April 2026 dismissing their appeals on protection grounds. Permission to appeal was granted by the First-tier Tribunal on 18 June 2026.
2. On 6 July 2026 the Respondent filed a response under Rule 24 of the Tribunal Procedure (Upper Tribunal) Rules 2008 conceding that there was a material error of law in the First-tier Tribunal’s decision and that the appeal should be remitted to the First-tier Tribunal for rehearing by a different judge.
3. Having reviewed the decision, I am satisfied that the First-tier Tribunal erred in law. In particular, at §16 of the decision, the First-tier Tribunal judge misdirected himself as to the standard of proof, by wrongly stating that the civil standard of proof applied to the entirety of the Appellants’ protection claim. In so doing he failed to apply s32 Nationality and Borders Act 2022 correctly or to follow the structured approach set out in JCK (s32 NABA 2022) Botswana [2024] UKUT 00100. That error was plainly material to the decision.
4. I therefore set aside the decision of the First-tier Tribunal. It is unnecessary for me to consider the other grounds of appeal.
5. The appeal is remitted to the First-tier Tribunal for rehearing before a different judge with no findings preserved.
Notice of Decision

The decision of the First-tier Tribunal involved the making of a material error of law and is set aside. The appeal is remitted to the First-tier Tribunal for rehearing before a different judge with no findings preserved.


L Hirst

Judge of the Upper Tribunal
Immigration and Asylum Chamber


24 July 2026