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Introduction
Introduction
This appeal is about a decision by the First-tier Tribunal to strike out the Appellant’s appeal. This was done on the basis that the Secretary of State’s decision under challenge had not undergone a mandatory reconsideration. I find that – on a proper reading of the law and the relevant facts – the only possible conclusion was that, on the contrary, the decision under challenge had been the subject of a mandatory reconsideration. It follows the Appellant’s appeal should not have been struck out.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a), (b)(i) and (3) of the Tribunals, Courts and Enforce
- Introduction
- The Upper Tribunal’s decision in summary and what happens next
- The chronology
- The background in more detail
- The Secretary of State’s submission on the appeal
- The actual issue in the case
- What happens next: the new First-tier Tribunal
- Conclusions