Upper Tribunal Immigration and Asylum Chamber

[2025] UKUT 00276 (IAC)

Fecha: 16-Dic-2024

Introduction

I. Introduction

The Secretary of State (“Appellant”) appeals from the decision of the First Tier Tribunal dated 7 March 2024 that the protection appeal of Rhian Bernard Guerrero (“Respondent”) should be treated as abandoned pursuant to section 104(4A) of the Nationality, Immigration and Asylum Act 2002 (“NIAA 2002”).

There are two issues in this appeal:

Issue 1. Whether the Upper Tribunal has jurisdiction to determine the appeal, or whether the appeal is from an “excluded decision” as defined in section 11(5)(f) of the Tribunals, Courts and Enforcement Act 2007 (“TCEA 2007”) and article 3(m) of the Appeals (Excluded Decisions) Order 2009;

Issue 2. If the Upper Tribunal has jurisdiction to determine the appeal, whether the First Tier Tribunal erred in law in determining that the Respondent’s appeal should be treated as abandoned under section 104(4A) of the NIAA 2002.