[2025] UKUT 00317 (IAC)

Notice of Decision

The Judge erred materially for the reasons identified. We set aside the decision pursuant to Section 12(2)(a) of the Tribunals Courts and Enforcement Act 2007 (TCE 2007) and considered retaining the matter in the Upper Tribunal for remaking under section 12(2)(b)(ii) of the TCE 2007. However, we find there was a procedural error in that the judge, exceeding his powers in considering the human rights appeal, also failed to consider the matter on the EUSS decisions (although we note that the second refusal under the EUSS on 16^th January 2024 was on the basis that a deportation order had been made). The judge is obliged to make a decision on the appeals before him. We thus remit this matter to the FtT.

In the light of our observations above, and this is not a decision on whether the notices of application will be accepted, it is now open to the appellant to submit with immediate effect

Helen Rimington

Judge of the Upper Tribunal

Immigration and Asylum Chamber

31^st July 2025