Rhian Bernard Guerrero (Appellant) v Secretary of State for Home Department (Respondent)
Tuesday 23 June 2026
The Appellant entered the UK in September 2020 and claimed asylum in January 2021. Although the claim was refused, the SSHD mistakenly issued a Biometric Residence Permit (BRP) granting leave to remain until 31 December 2024. The Appellant appealed the refusal, but the Secretary of State for Home Department argued the BRP was issued in error.
The First-Tier Tribunal (FTT) held the BRP was a valid grant of leave and treated the appeal as abandoned. On appeal, the Upper Tribunal held it had jurisdiction and that substance, not form, determined the nature of the decision. It found the BRP had been issued in error and was not a valid grant of leave.
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