UI2023002181 [2023] UKAITUR UI2023002181 (1 November 2023)

UI2023002181 [2023] UKAITUR UI2023002181 (1 November 2023)

The First-tier Tribunal erred by failing to consider the risk of harm arising from the appellant's inter-sect marriage, an issue that was properly raised and in dispute.

Source-derived case information.

Citation
[2023] UKAITUR UI2023002181
Parties
Appellant: M N; Respondent: S S H D
Jurisdiction
United Kingdom
Judgment Date
01 November 2023
Procedural Posture
Immigration Appeal / Appeal to Upper Tribunal Following First Tier Tribunal Dismissal
Outcome
First-tier Tribunal decision set aside; case remitted for fresh hearing before a different judge.
Legal Topics
Inter Sect Marriage, Risk of Harm, Remittal Procedure
Immigration Law Asylum Law Inter Sect Marriage Risk of Harm Remittal Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

M N

Appellant

S S H D

Respondent

Procedural Posture

Immigration Appeal / Appeal to Upper Tribunal Following First Tier Tribunal Dismissal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in failing to consider the risk of harm arising from the appellant's inter-sect marriage

Ratio Decidendi

The First-tier Tribunal erred by failing to consider the risk of harm arising from the appellant's inter-sect marriage, an issue that was properly raised and in dispute.

Court Disposition

First-tier Tribunal decision set aside; case remitted for fresh hearing before a different judge.

Orders

  • Decision of the First-tier Tribunal set aside.
  • Case remitted to the First-tier Tribunal for a fresh hearing before another judge.