LC v The Secretary of State for the Home Department

Facts

The appellant, anonymised as LC, made a protection claim on 5th November 2018. The Secretary of State for the Home Department refused it on 14th September 2023. The appellant used their right of appeal from within the United Kingdom and lodged an appeal with the First-tier Tribunal on 27th September 2023. While the appeal was pending, the respondent notified the Tribunal on 19th February 2025 that she had granted the appellant leave to remain under Appendix FM of the Immigration Rules until 18th December 2026. She asked whether the appellant could tell the Tribunal whether they intended to pursue the appeal on asylum grounds. On 12th March 2025, Legal Officer Hussain directed the appellant to notify the Tribunal within 14 days whether they intended to pursue the appeal on asylum grounds. The appellant did not respond within that period or at any time afterwards. The matter came before the First-tier Tribunal at Birmingham (Priory Court) on 17th September 2026 to decide whether the appeal should be treated as abandoned under section 104(4A) of the Nationality, Immigration and Asylum Act 2002. There was no appearance for the appellant. The respondent was represented by a Home Office Presenting Officer.