[2023] UKUT 00163 (IAC)

We refer to the parties as HL and the Secretary of State.

The Secretary of State appeals a decision of the FtT sent to the parties on 12 May 2022. Judge of the First-tier Tribunal Cotton (‘the Judge’) allowed HL’s appeal on international protection grounds.

On 2 November 2022, UTIAC granted the Secretary of State permission to appeal.

This case raises the question of whether it is open to a party to proceedings in UTIAC to raise as the basis for an appeal from a decision reached by the FtT a point which was not one of the principal controversial issues identified by the procedure for case managing appeals which is set out below. The reasoning set out below identifies how this issue should be approached, bearing in mind the requirements of procedural rigour in the IAC and the need to achieve the overriding objective.