The positions of the parties
The positions of the parties
Ms Foody, on behalf of the Secretary of State, indicated support for the appeal on the basis that the FtT Decision was in error of law for the reasons identified as arguable in the grant of permission. She invited me to set the FtT Decision aside and to remit the matter to be reheard by another tribunal.
Ms Messenger, on behalf of the claimant, agreed that the First-tier Tribunal erred in law in the way that Judge Read said at the permission stage that it might have done. She encouraged me to set aside the FtT Decision but to remake the decision, rather than remit it to the First-tier Tribunal, which would introduce unnecessary delay.
Neither party requested an oral hearing.
Given the degree of agreement between the parties, I decided that the interests of justice did not require an oral hearing.
- Heading
- 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) of the Tribunals, Courts and Enforcement Act 2007 (the “2007 Act” ). The decis
- Background
- The permission stage
- The positions of the parties
- The law
- Why I have allowed the appeal
- Conclusions
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