[2024] UKUT 222 (AAC)

At the permission stage, Upper Tribunal Judge Ovey only needed to be persuaded that it was arguable with a realistic (as opposed to fanciful) prospect of success that the tribunal had made a legal error in a way that was material.

At this substantive stage, I need to be satisfied on the balance of probabilities that the tribunal did make a legal error or errors. Applying that test, I find the tribunal deciding ZA’s appeal on 16 January 2023 made a material error, or errors, of law in the ways set out below.