[2024] UKUT 339 (AAC)

The reasons for which I found Ground 1 arguable were not quite as framed in the permission application. I found it arguable that the failure to adjourn or postpone for oral evidence was itself an error of law. The failure to give further reasons for not adjourning would be immaterial if the failure to adjourn was itself not material. But, given the number of points on which the First-tier Tribunal needed to make further findings (see below), I said that arguably the First-tier Tribunal should have told the claimant that it needed to investigate them with her, and adjourned (or postponed) to allow for that opportunity. However, I found that it was also arguable that the First-tier Tribunal had what it needed and just did not go far enough. For this reason, and given the other arguable errors set out in my grant of permission, I did not include this arguable error in the errors which I asked the Secretary of State to agree to. I said however that, if she opposed the appeal, she would need to make a submission on this ground, as reframed by me, as well as on the other grounds on which permission was granted. The Secretary of State did not oppose the appeal and so did not need to make a submission on Ground 1.