[2023] UKUT 193 (AAC)

The claimant applied to the Tribunal for permission to appeal, but his application was correctly refused by a District Tribunal Judge. He, too, was bound by CH/4429/2006 and to have given permission to appeal would have been to force the Upper Tribunal to reconsider whether that decision was correct. That was a decision for the Upper Tribunal, not the First-tier Tribunal.

However, on 20 February 2019, the claimant renewed his application to the Upper Tribunal. I held a hearing of the application on 9 May 2019, at which the claimant was present but Gravesham—as was their choice to make—was not represented. Following that hearing, on 21 May 2019, I gave the claimant permission to appeal.

At the same time, I invited the Secretary of State to say whether she wished to be joined as second respondent to the appeal and directed that, if she did so wish, she would automatically be added as second respondent on receipt by the Upper Tribunal of the letter expressing that wish. Such a letter was received on 3 July 2019.