UT UA-2024-001430-PIP - [2025] UKUT 216 (AAC)

I have set the tribunal’s decision aside on the ground of appeal (as identified by Judge Ward) for the reasons given by the Secretary of State’s representative. I do not need to deal with any other error in point of law that the tribunal may have made. Any that were made will be subsumed by the rehearing.

For the benefit of the claimant, this is the effect of the decision in KK to which I have referred in my directions.

The tribunal must follow the directions I have given.

The rehearing will not be limited to the grounds on which I have set aside the tribunal’s decision. The tribunal will consider all aspects of the case, both fact and law, entirely afresh.

Nor will the tribunal be limited to the evidence and submissions that were before the tribunal at the previous hearing. It will decide the case on the basis of the relevant evidence and submissions made at the rehearing.

The tribunal must come to its own conclusions on the issues of both fact and law that it considers. Nothing in my decision or in my reasons for it is an indication of the likely outcome of the rehearing. Nor will the tribunal be bound by any conclusions of fact or law reached by the tribunal in the decision that I have set aside.