Upper Tribunal’s error of law reasoning can very rarely be altered when a decision is re-made

In AZ (error of law: jurisdiction; PTA practice) Iran [2018] UKUT 245 (IAC) the determination makes heavy weather of restating some settled principles of law and practice. The judge granting permission to appeal to the Upper Tribunal had raised the question of whether the delay in promulgating the determination, an unconscionable period of almost 12 months, had led to unfairness and error in the findings on credibility. The case went to the Court of Appeal on this point as the Upper Tribunal judge hearing the appeal failed to engage with it. Beatson LJ gave permission on that ground and the case was remitted by consent to the Upper Tribunal. Chastised, the…

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