Case No. UKUT-00085-(IAC)

[2016] UKSC 60 . In the majority of cases, the weight will be such that the Tribunal will have no proper basis for exercising its discretion differently. This does not, however, mean the Tr ibunal is absolved from the duty of deciding that issue. 39. The passage in paragraph 9E of Pirzada quoted at paragraph 34 above is, accordingly, not to be followed. 40. As both Deliallisi and AB make clear, the task of the T ribunal in a section 40 A appeal will be to decide, on the facts before it (which , it should be emphasised, may not be the same as the facts upon which the respondent made her decision) , w hat the reasonably foreseeable consequences of deprivation might be. In this regard, it is useful to recall what the Upper Tribunal said in AB :- “58. Before embarking on an analysis of the evidence, it is necessary to establish the legal parameters. With one exception, to which I will turn in due course, Ms Naik submitted that the correct basis was as set out by the Upper Tribunal in