UI-2026-003336

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-003336
First-tier Tribunal No: PA/63386/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:

19th August 2026

Before

UPPER TRIBUNAL JUDGE OWENS

Between

IA
(ANONYMITY ORDER MADE)
Appellant
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 appellant is granted anonymity.

No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court.


DECISION AND REASONS

1. IA’s asylum claim was refused on 18 March 2015. His appeal against that decision was dismissed by the First-tier Tribunal (“FtT”) in a decision sent to the parties on 19 May 2026.

2. The appellant applied for permission to appeal against the FtT which was granted by a judge of the Upper Tribunal on 8 July 2026. One of the grounds on which permission was granted asserted that the FtT had applied the incorrect standard of proof by applying s32 of the Nationality and Borders Act 2022 when this did not apply because of the date of the asylum claim.

3. In a rule 24 response dated 28 July 2026, the Secretary of State accepted that this ground was made out and invited the Upper Tribunal to find an error of law in the FtT's decision, set it aside and remit it to the First-tier Tribunal for rehearing.

4. I take into account that in the application for permission to appeal the appellant proposes this precise course of action.

5. I agree with the party's joint position on the error of law and their proposed disposal.

6. The appeal is decided without a hearing pursuant to rule 34(1), and without further reasons being given, pursuant to rule 40(3).

7. I maintain the anonymity order made by the FtT on the basis that this appeal concerns a protection claim.

Notice of Decision

i. The decision of the First-tier Tribunal involved the making of an error of law and is set aside.

ii. The case is remitted to the First-tier Tribunal for re-hearing with no facts preserved to be heard by a Judge other than First-tier Tribunal Judge Boyes.


R J Owens

Judge of the Upper Tribunal
Immigration and Asylum Chamber


6 August 2026