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As the decision of the First-tier Tribunal (made on the FCO�s appeal on 21 May 2012) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is REMITTED to the tribunal for rehearing by a differently constituted panel.
A. The tribunal must consider afresh whether the Information Commissioner�s decision notice was in accordance with law.
B. The tribunal must consider all aspects of the decision notice and not just those matters raised by the FCO. �
This appeal is concerned with a letter that the FCO identified as relevant to this request. I have been told that this is the usual form in which such calls are recorded and the only record of the conversation.
The FCO applied for permission to appeal to the Upper Tribunal. The First-tier Tribunal refused the application, but I gave permission after an oral hearing on 9 January 2013.
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