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Appeal No. UA-2024-001135-PIP
In The Upper Tribunal
Administrative Appeals Chamber
Between:
PZ
Appellant
-v-
Secretary of State for Work and Pensions
Respondent
Before: Upper Tribunal Judge Church
Decided on consideration of the papers
Representation:
Appellant: Rajinder Kainth, Central England Law Centre
Respondent: Eyituoyo Sakpa, Decision Making and Appeals (DMA) Leeds
On appeal from:
Tribunal: First-tier Tribunal (Social Entitlement Chamber)
Tribunal Case No.: SC015/23/00905
Digital Case No.: 1690883575997012
Tribunal Venue: Coventry
Decision Date: 19 April 2024
SUMMARY OF DECISION
34.2 Fair hearing; 43.1 Personal Independence Payment Mobility activity 1: planning and following journeys
The Upper Tribunal allowed the claimant’s appeal because the Tribunal’s irrelevant questions about the claimant’s immigration history and his motivation in coming to the UK from Slovakia indicated that it considered irrelevant factors when deciding to dismiss his appeal.
Its questioning about these irrelevant matters also gave rise to an appearance of bias.
Please note that the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.
DECISION
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- As the decision of the First-tier Tribunal involved the making of an error of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is R
- What this appeal is about
- Background
- The permission stage
- The positions of the parties
- Why I have allowed the appeal
- Conclusions
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