[2024] UKUT 208 (AAC)

It has taken longer to write this decision than I predicted at the end of the hearing. In part, that was because the more I tried to get to the bottom of the flaws in the First-tier Tribunal’s reasoning, the more I encountered issues that had not been discussed at the hearing. I have tried to explain my decision in a way that is helpful to CICA and the First-tier Tribunal in future cases without deciding a case that was never argued.

Materiality has presented another problem. Mr Moretto argued that the case turned on the tribunal’s findings of fact. I see his point. However, the tribunal’s understanding of paragraph 115(b) may have affected its analysis of the evidence and even attribution. If this has been an appeal, I could have given directions and re-made the decision. That is not available to me on judicial review.