Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 275 (AAC)

Fecha: 18-Ene-2023

Decision date: 5 September 2024

DECISION

The decision of the Upper Tribunal is to allow the appeal. The strike out decision of the First-tier Tribunal made on 18 January 2023 under case reference EA/2022/0290 was made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and direct that the question of whether Mr Harron’s appeal should be struck out on the ground that it has no reasonable be prospects of success should be reconsidered by a freshly constituted First-tier Tribunal.

The First-tier Tribunal must consider whether the strike out application should be decided after or at an oral hearing of the strike out application.

REASONS FOR DECISION

Introduction

This appeal concerns whether the First-tier Tribunal (“the FTT”) erred in law when it struck out Mr Harron’s appeal to it on the basis that the FTT had no jurisdiction to determine it.