Case No. UKUT-00137-(IAC)

11. In the skeleton argument the Secretary of State submitted that when the determination is read as a whole it is apparent that the FTT quoted verbatim from the Supreme Court's guidance at paragraph 75 of Al-Sirri but then failed to understand and/or to apply that guidance properly when it came to reach its conclusion on the facts of this case. On the only two occasions when the FTT used its own words to describe the standard of proof it used formulations that were not obviously consistent with Al-Sirri . 12. Miss Giovanetti submitted that read properly paragraph 75, and in particular subparagraph (5) did not say that the standard of proof was proof on a balance of probabilities. Most particularly it did not say that the standard of proof was one higher than a balance of probabilities.