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             The Secretary of State is the Appellant in this appeal but for ease of reference I refer to the names of the parties as they were before the First-tier Tribunal.
             Permission to appeal was granted on all grounds by First-tier Tribunal Judge O'Garro on 30 September 2022.
             The matter came before me to determine whether the First-tier Tribunal (FTT) had erred in law, and if so whether any such error was material such that the decision should be set aside.
             There was no Rule 24 Response but Mr Ahmed confirmed that he was opposing the Respondent's appeal.
         I reserved my decision and asked the representatives for their views on whether, if an error of law were found, the decision should be remade in the Upper Tribunal or remitted to the First-tier Tribunal. Ms Rushforth submitted that the evaluation of risk was flawed and the appeal should be remitted. Mr Ahmed argued that it was plain that the Respondent had not challenged the factual findings and consequently the decision should be re-made in the Upper Tribunal.
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