Case No. UKUT-00294-(IAC)

71. The essence of this ground of appeal is that the FtT failed to consider the question of whether the Appellant would be tried by (in the language of Article 6 ECHR) an “ independent and impartial tribunal established by law ” in both the subjective and objective senses of this criterion. 72. We are of the opinion that, properly analysed, this ground is subsumed within the ground which we have considered in [65] – [71] above. Accordingly, it adds nothing of substance to the Appellant’s appeal. 73. Ground 8 of the Grounds of Appeal concerns the “systemic failure” issue. It is based on what the FtT stated in [45] of its decision: “ In summary, the evidence I have been asked to consider does not disclose a systematic failure on the part of the Spanish judiciary to discharge their duties in a fair and impartial manner. ” This statement formed part of the FtT’s rejection of the Appellant’s contention that his removal to Spain would give rise to a breach of his fair trial rights under Article 6 ECHR. 74. Insofar as the FtT was purporting to formulate the test to be applied to this aspect of the Appellant’s challenge, we consider that it was in error. “Systematic failure” was not the test to be applied (see