IA014192012

The appellant, Farid Belmihoub, was born on 29 August 1979 and is a male citizen of Algeria. By a decision dated 10 December 2012, I set aside the determination of the First-tier Tribunal promulgated on 27 February 2012. My reasons for doing so are set out below:

REASONS FOR FINDING THAT TRIBUNAL MADE AN ERROR OF LAW, SUCH THAT ITS DECISION FALLS TO BE SET ASIDE

Permission to appeal was originally refused by the First-tier Tribunal but granted in the Upper Tribunal by Judge Latter on 12 July 2012 in the following terms:

�The grounds satisfy me that it is arguable that the First-tier Tribunal may have erred in law by proceeding on a misapprehension of the facts relevant to whether the appellant is able to meet the six-stage test established by J v Secretary of State [2005] or by leaving relevant matters left out of account when carrying out that assessment (sic).�

As often in cases of this kind, the medical evidence was drawn from a number of different sources, the author of the main report drawing upon evidence and materials supplied to him or her by other health professionals previously concerned with the appellant�s welfare and treatment. This perhaps explains a lack of detail in the account given by Professor Katona of the �alleged� overdose incident at the beginning of June 2009.