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I must first decide if the decision of the Judge contained a material error of law so that it should be set aside.
In response, Ms Pal argued that there was no such error of law. The Judge had correctly set out the legal tests at paragraphs 19 and 20 of the Decision. The Judge ultimately analysed the relevant evidence and made a finding in respect of the explanation given by the Appellant which was a finding open to the Judge on the evidence before him.
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
The First-tier Tribunal did not make an order for anonymity. I was not asked to do so and indeed find no reason to do so.
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Common Room
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