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For the Appellant: Ms C Robinson, Counsel, instructed by Elizabeth Millar, solicitor
This appeal came before me for an error of law hearing on 11 September 2017, following which I found an error of law in the decision of First tier Tribunal Judge Sullivan and adjourned the appeal for a resumed hearing before the Upper Tribunal. A copy of that decision is appended.
The appeal came before me for a resumed hearing on 10 November 2017, on the basis of submissions only, the Appellant having been assessed by a chartered consultant psychologist, Dr Rachel Thomas, as not being fit to give evidence [second re-examination report dated 6.10.17 at [35] & [36]].
starting point is the determination of Judge Malins in 2008 cf. Devaseelan [2002] UKIAT 00702 .
At the hearing before FtTJ Sullivan, the Appellant sought to rely upon a second report by Dr Thomas dated 7.8.16 and a letter dated 4.7.16 in which she opined that the Appellant's psychiatric symptoms were considerably worse than when she had first examined him in 2014; background evidence relating to Ukraine and letters of support from friends.
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