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The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decision of the First-tier Tribunal made on 8 December 2023 under case number SC312/23/00118 was made in error of la
The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decision of the First-tier Tribunal made on 8 December 2023 under case number SC312/23/00118 was made in error of law. Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007, that decision is set and I remake the decision. The remade decision is to dismiss the appeal of the claimant (who is now the respondent on this Upper Tribunal appeal) against the Secretary of State’s decision of 17 August 2022.
REASONS FOR DECISION
- Heading
- The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decision of the First-tier Tribunal made on 8 December 2023 under case number SC312/23/00118 was made in error of la
- Introduction
- Relevant factual background
- The FTT’s decision
- The grounds of appeal
- The Upper Tribunal proceedings
- Analysis and conclusion
- The second ground of appeal
- Conclusions