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The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 6 February 2023 under case number SC240/22/00718 was made in error of law. Under section 12(2
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 6 February 2023 under case number SC240/22/00718 was made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007, that decision is set and the appeal is remitted to an entirely differently constituted First-tier Tribunal to be redecided, after an oral hearing, and in accordance with the law set out in this decision.
REASONS FOR DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 6 February 2023 under case number SC240/22/00718 was made in error of law. Under section 12(2
- Anonymity Order
- Introduction
- The FTT proceedings
- The extent of the Secretary of State’s support for the appeal
- Why this appeal is being allowed
- The relevant statutory provisions
- RC and Hickey
- Hickey
- Conclusions