[2024] UKUT 332 (AAC)

The Appellant applied to the Upper Tribunal for permission to appeal the Barring Decision, maintaining that he had been falsely accused and the DBS’s decision making was factually and legally flawed.

I ordered further disclosure by DBS and gave the Appellant an opportunity to file perfected grounds of appeal in response. On 2 February 2024 I granted permission to appeal against the Barring Decision. In my decision notice I explained my reasons for granting permission, and the scope of my grant of permission as follows:

“18.

.... where there is new evidence that wasn’t considered by the Respondent, the Upper Tribunal is permitted to consider that evidence to assist it to decide whether the Respondent’s decision was based on a mistake of fact. In this case we have the transcript of evidence that was given at the criminal trial. It may well be that, should the matter go to a full hearing, the Upper Tribunal may hear live evidence tested under cross-examination ...

20.

My grant of permission is unrestricted.”

[See page 605 of the Upper Tribunal bundle, at paragraph 18].

I ordered an oral hearing of the substantive appeal, which took place on 27 August 2024 before a three-member panel with expert members at Field House, London. Both parties were represented by counsel and the hearing was assisted by Mr Adan Mohamed Jama, a Somali interpreter.