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Proceedings before the Upper Tribunal
Proceedings before the Upper Tribunal
The Appellant’s application for permission to appeal to the First-tier Chamber was refused.
The Appellant made a further application for permission to appeal to the Upper Tribunal, which was considered by Judge Wikeley and a decision was made on 23 February 2023 to grant permission to appeal on grounds 1 and 2. Grounds 3, 4 and 5 were rolled-up as an application to appeal and possible appeal as part of this oral hearing.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 22 June 2022 under number EH301/21/00046 was made in error of law. Under section 12(2) (a) an
- REASONS FOR THE DECISION
- The case put to the First-tier Tribunal
- The First-tier Tribunal’s decisions and reasons
- The substantive claim
- Proceedings before the Upper Tribunal
- The issues on this appeal
- Statutory Framework
- Caselaw authorities
- Discussion
- Appeal Ground 2
- Permission to appeal on Appal Grounds 3, 4 and 5
- Appeal Ground 3
- Appeal Ground 4
- Appeal Ground 5
- Conclusions