United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

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IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER

Case No: UI-2024-004141   First-Tier Tribunal: EU/55459/2023 LE/00790/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 8 April 2025

 

 

Before

 

UPPER TRIBUNAL JUDGE BRUCE

 

 

Between

 

Secretary of State for the Home Department

Appellant

and

 

Syedunnesa Begum

(no anonymity order made)

Respondent

 

 

DECISION

1.               The First-tier Tribunal allowed Ms Begum's appeal on the 28 ^th June 2024. In doing so it simply followed the Upper Tribunal's decision in Rexhaj [2023] UKUT 161 (IAC).

2.               The Secretary of State sought permission to appeal on the basis that Rexhaj was wrongly decided by the Upper Tribunal, and on the 4 ^th September 2024, permission was granted by the First-tier Tribunal "pending" the judgment of the Court of Appeal in that matter.

3.               In fact the judgment of the Court of Appeal was handed down on the 11 ^th July 2024: Rexhaj v Secretary of State for the Home Department [2024] EWCA Civ 784. That judgment overturns the UT decision, and holds that for applicants such as Ms Begum, dependency must be demonstrated.

4.               The parties are now in agreement that

i)               The decision of the First-tier Tribunal must therefore be set aside;

ii)             The matter must be remitted to the First-tier Tribunal to be heard afresh, since the First-tier Tribunal made no findings on the facts.

5.               There is no order for anonymity.

 

Upper Tribunal Judge Bruce

Immigration and Asylum Chamber

20 ^th November 2024