Error of law analysis
Error of law analysis
FTT decision
Before turning to each ground of appeal we wish to make some observations about the FTT decision in this case with a view to later on in this decision, giving general guidance on what is expected in what might be described as ‘the age of reform’.
The FTT decision contains very lengthy citations from the refusal letter, the legislation and authorities (pages 2-8). The sentencing remarks are set out verbatim (pages 8-12). This is immediately followed by the entirety of the appellant’s witness statement, followed by the statement of his partner (pages 12-25). There are then very lengthy extracts quoted from the reports on the appellant’s mental health (pages 26-28). There is then a brief reference to the OASys report in a paragraph of two sentences. A very lengthy extract from the review is included (pages 29-30) followed by 10 pages reproducing the entire ASA (pages 30-39). The FTT’s reasons are primarily to be found in the last six pages of the decision (pages 39-44). Such large-scale verbatim extracts from documents have no place in a FTT decision.This is an appeal, like the majority of other FTT appeals, that demanded a clear and concise identification of the relevant issues in dispute, followed by summaries of the law and evidence particularly relevant to those issues. Unfortunately, this did not occur in this case.
- Heading
- Section 1
- Background
- Refusal decision
- Appeal skeleton argument
- Evidence relevant to the appellant’s mental health
- Respondent’s review
- FTT
- Appeal to the Upper Tribunal
- Error of law analysis
- Adequate reasons
- Grounds of appeal
- Ground 2 – cessation
- Ground 3 – Article 3
- Ground 4 – Exception 1
- Ground 5 – Exception 2 / unduly harsh
- Structured “issues-based” concise decision-making
- Permission to appeal decisions
- Disposal
- Conclusions
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