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The Adjudicator therefore allowed the appeal. That comprises the totality of his consideration of this difficult issue.
As Sullivan J notes later in his judgment, the burden of proof as regards the first three questions falls typically on the Claimant. Only if the Claimant is able to show that the answer to the first three questions is yes, is there a duty upon the Respondent to justify the difference in treatment.
As we have said, the right upon which the Claimant bases his claim is contained not in the Convention but in Article 1 of the First Protocol to the Convention.
And it is those rights which are Convention rights for the purposes of the United Kingdom's own law on human rights.
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