[2023] UKUT 00164 (IAC)

We have decided that this case should be retained in the UT, having applied the guidance in Begum (Remaking or remittal) Bangladesh [2023] UKUT 00046 (IAC) and AEB v SSHD [2022] EWCA Civ 1512. We note the general principle is that the case will be retained within the UT for the remaking of the decision. The exceptions to this general principle set out in paragraph 7(2)(a) and (b) of the relevant Practice Statement, requires the careful consideration of the nature of the error of law and in particular whether the party has been deprived of a fair hearing or other opportunity for their case to be put, or whether the nature and extent of any necessary fact finding, requires the matter to be remitted to the FTT. Whilst there will need to be further fact-finding in this case, this will be limited to the appellant’s asylum claim and Article 8 claim (if pursued) on relatively narrow and straightforward factual issues.