Case No. UKUT-00448-(IAC)

12.Permission to appeal to this Tribunal was granted on the basis that all of the grounds of appeal are arguable. The grounds are the following: (i) The FtT erred in its approach to adverse inferences from the Appellant’s failure to answer questions or give evidence, adopting the wrong approach to section 8 of the 2004 Act. (ii) The FtT erred in law in its approach to the standard of proof, formulating the test correctly but applying it incorrectly. (iii) The FtT misstated and misunderstood certain material aspects of the evidence.