Sudan
[2014] UKUT 105 (IAC), this Tribunal noted, at [15], that it is doctrinally incorrect to adopt the two stage process of asking whether there was a procedural irregularity or impropriety giving rise to unfairness and, if so, whether this had any material bearing on the outcome. These are, rather, two elements of a single question, namely whether there was procedural unfairness. This Tribunal further held that the reviewing or appellate Court should exercise caution in concluding that the outcome would have been the same if the diagnosed procedural irregularity or impropriety had not occurred 12. One particular reflection is a pposite. Adjudication by the Upper Tribunal in respect of complaints relating to the conduct of a first instance hearing can be a difficult exercise. Since the FtT is not a c ourt of record no transcript of the hearing is available. Furthermore, disagreement between the parties about the issues under scrutiny can occur . In some cases, as in