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Cross examination
Cross examination
The Appellant was cross examined by Mr Serr in relation to all of her evidence. He suggested that both of the findings of relevant conduct were accurate and there was no mistake of fact. He put each of the relevant pieces of documentary evidence to her and suggested her account was neither reliable nor truthful. She denied all the allegations put to her in cross examination.
Nonetheless, we found her denials to be unreliable and lacking credibility for the reasons we give in the discussion section below.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal of the Appellant
- The Background
- Barring Procedure
- The Respondent’s barring decision dated 29 April 2022
- Appellant’s Grounds of Appeal
- The evidence in the appeal
- The Appellant’s oral evidence
- Cross examination
- Law
- it is satisfied that the person has engaged in relevant conduct, and
- it is satisfied that it is appropriate to include the person in the list
- on any point of law
- If the [ Upper] Tribunal remits a matter to [DBS]6 under subsection (6)(b)–
- a. “on any point of law” (section 4(2)(a) of the Act)
- The parties’ submissions on the grounds of appeal
- Discussion: Findings of Fact and Analysis of grounds of appeal
- Ground 1
- Mistake of fact: second finding of relevant conduct – Finding 2
- Mistake of Law - Proportionality
- are they no more than are necessary to accomplish it?
- Conclusions