Agbabiaka
[2021] UKUT 00286 (IAC), a comprehensive review of the ‘ Nare guidance’ undertaken with extensive input on behalf of the FCDO. At the hearing we directed Mr Biggs to paragraph 48 in particular. It reads as follows: “Although the FCDO has expressly stated that no reliance is to be placed upon any list of the kind recently seen (and perhaps acted upon) by judges of the First-tier Tribunal, and although Ms Broughton’s proposed scheme makes no provision for publication of a list, we agree with Mr Bazini that it should be practicable at an early stage for such a list to be produced and, thereafter, maintained. This is particularly so, given the five year period referred to in paragraph (ii) of Ms Broughton’s description of the outline process. In reply, Mr Holborn was sympathetic to this suggestion.” 8. Mr Biggs submitted that at the time that Judge Devlin heard this case there was an understanding that the lists should be acted upon, and that his failure to act on the lists as his colleagues might have done amounted to irrationality: in the circumstances as they were at the time, failure to consider the list amounted to an error of law. 9. We are not persuaded. Use of the lists to which reference has been made was the result of a misapprehension of their import, not least because, as explained in Agbabiaka at [14]-[19] and [26]-[27], they were never intended to have any application to proceedings in tribunals. As the decision makes clear at [48], the FCDO has expressly stated that no reliance is to be placed on this kind of list, and it is for the FCDO alone to determine such questions (para [23]). Judge Devlin’s taking no notice of the contents of the list meant simply that, for whatever reason, he did not share a misapprehension. Failure to act on a misapprehension is not an error of law. 10. For these reasons, the sole ground of appeal fails and we affirm the decision of Judge Devlin dismissing the appeal.