UI-2026-003796

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The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: UI-2026-003796
PA/72736/2024

THE IMMIGRATION ACTS

Decided without a hearing Decision & Reasons Promulgated
On 28 September 2026
On 1st of October 2026

Before

UPPER TRIBUNAL JUDGE OWENS

Between

HA
(ANONYMITY ORDER MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION MADE PURSUANT TO RULE 34 OF THE
TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

1. In directions dated 11 August 2026, Upper Tribunal Judge Blum indicated his preliminary view, following the respondent’s concession in the rule 24 respondent dated 30 July 2026, that the decision of the First-tier Tribunal should be set aside and remitted to the First-tier Tribunal to be re-made.

2. The directions gave both parties 10 days in which to object to the error of law appeal detained determined without a hearing in the manner proposed. The directions confirmed that if neither party respondent replied the Tribunal would proceed in the manner suggested on the basis that neither party objected to the proposed manner.

3. Neither party has responded in the time limit to object to the proposed course of action.

4. I am therefore satisfied that both parties consent to the appeal being determined without a hearing in accordance with rule 34(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008.

5. I am also satisfied that there was an error in law in the original decision in that the Tribunal failed to have regard to the appellant’s depression when carrying out the credibility assessment; the judge’s findings for not accepting the appellant’s claim that he had sexual activity in the workplace and that all properties would have an address had no evidential basis; and the judge misapplied the test in Tanveer Ahmed.

6. I am also satisfied that it is appropriate to remit the appeal to the First-tier Tribunal to be heard de novo. Neither party has objected to this course of action, and new findings need to be made.

Notice of Decision

7. The decision of the First-tier Tribunal involved the making of an error of law.

8. The decision of the First-tier Tribunal is set aside in its entirety with no findings preserved.

9. The appeal is remitted to the First-tier Tribunal to be heard de novo before a judge other than First-tier Tribunal Judge Cole.


Signed Date: 28 September 2026

R J Owens
Upper Tribunal Judge Owens