Disposal of the appeal
V. Disposal of the appeal
It was common ground between the parties that if the panel found an error of law in the First Tier Tribunal’s decision, the appropriate disposal would be to remit the appeal to the First Tier Tribunal for a de novo hearing, and we consider that course appropriate.
The First Tier Tribunal did not make an anonymity order. Although the Upper Tribunal made an anonymity order at the point of listing the case, before us Mr Malik expressly indicated that anonymity was not required and that the Respondent could be referred to by his full name. Bearing in mind the importance of open justice we have accordingly lifted the anonymity order previously made by the Upper Tribunal.
- Heading
- Introduction
- Background to the appeal
- Statutory framework
- Principle 1: Ordinary meaning of words
- Principle 2: Context
- Principle 3: Policy and object
- Principle 4: Absurdity
- Conclusion: Issue 1 - jurisdiction
- Issue 2 – Did the First-tier Tribunal err in law?
- Discussion
- Was there evidence that the BRP was issued in error?
- Legal effect of issuing
- Conclusion: Issue 2 - BRP
- Disposal of the appeal
- Conclusions
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