Conclusions
Notice of Decision
The decision of FtT Judge Peer is set aside.
The findings made by FtT Judge Peer as set out in para. [78] above are preserved.
The appeal is to be listed for further hearing before Upper Tribunal Judge Owens for the decision to be remade in the Upper Tribunal on the first available date with a time estimate of 2 hours.
The Appellant shall file and serve any witness statements and any other evidence that she relies upon in support of her appeal within 14 days.
No later than 14 days before the date of the hearing, the Appellant must provide to the Upper Tribunal and the Respondent a composite electronic bundle which complies with the President’s Guidance on the Format of Electronic Bundles in the Upper Tribunal (IAC).
The composite bundle must contain the following documents and must be structured in the following way:
Part A
The decision of the FtT
The grounds of appeal upon which permission was granted
The decision of the Upper Tribunal granting permission
This error of law decision
Part B
Any rule 15(2A) application to rely on evidence not before the FtT
Any evidence to which the application under rule 15(2A) relates
Part C
All documentary evidence relied upon by the Appellant in the FtT
Part D
All documentary evidence relied upon by the Respondent in the FtT
Upper Tribunal Judge Mandalia
The Honourable Mr Justice Ritchie
Upper Tribunal Judge Owens
27 August 2025
- Heading
- The Appellant is a child. Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the Appellant is granted anonymity. No-one shall publish or reveal any information, including the n
- The Issue
- The Background Facts
- Decision under appeal
- Grounds of Appeal
- The Legal Framework
- Interpretation of the Immigration Rules
- Ground 1: Paragraph 310(vi) of the Immigration Rules
- Analysis
- round 2: Paragraph 310(ix) of the Immigration Rules (The ‘inability of the original parents’ And ‘genuine transfer of parental responsibility)
- Inability
- Analysis
- Inability continued
- Analysis
- Genuine transfer
- Ground 3: The Article 8 Proportionality Assessment
- Disposal
- Conclusions
![[2025] UKUT 00352 (IAC)](https://backend.juristeca.com/files/emisores/logo_AioYBzS.png)