UI-2026-004772

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The decision


IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-004772
First-tier Tribunal No: PA/91964/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:

14th October 2026

Before

UPPER TRIBUNAL JUDGE LINDSLEY

Between

AR
(ANONYMITY DIRECTION MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Appeal Determined without a hearing pursuant to Rule 34
of the Tribunal Procedure (Upper Tribunal) Rules 2008


DECISION AND REASONS
1. On 28th August 2026, the First-tier Tribunal granted the appellant permission to appeal against the determination of the First-tier Tribunal dated 18th July 2026, which dismissed the appellant’s protection and human rights appeal.
2. In a Rule 24 response dated 22nd September 2026 the respondent accepted that the First-tier Tribunal had erred materially in law and expressed the opinion that the appeal should be remitted to the First-tier Tribunal to be determined afresh.
3. In accordance with Rule 34(2) of the Tribunal Procedure (Upper Tribunal) Rules 2008 the appellant was asked to confirm whether or not he was in agreement with this proposed disposal of the appeal, and in a Rule 25 response from Ms L Ifold of Maguire Solicitors dated 9th October 2026 he confirmed that he was content for the appeal to be remitted to the First-tier Tribunal to be heard de novo.
4. Taking into account the guidance set out in Majera v SSHD [2025] EWCA Civ 159, Begum (Remaking or remittal) Bangladesh [2023] UKUT 00046 (IAC) and AEB v SSHD [2022] EWCA Civ 1512, as well as the Practice Statement of 11 June 2018, I consider that remittal to the FtT is appropriate in this case given the extensive fact-finding required.

Notice of Decision
The decision of the First-tier Tribunal dated 18th July 2026 is set aside in its entirety and the appeal is remitted to the First-tier tribunal for a fresh hearing on all issues, before any other judge.


Fiona Lindsley
Judge of the Upper Tribunal
Immigration and Asylum Chamber
13th October 2026