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             In consequence of the grant of permission the matter came before me to determine in the first place where there was a material error of law in the decision of the First-tier Tribunal such that it fell to be set aside. If there was then I would make directions on the rehearing of the appeal. If there was not the decision at first instance would stand.
         In conclusion counsel argued that the judge's determination was based on incorrect facts. The use by her of the expression "it's crucial" meant she was putting a lot of weight on the adverse findings. Dr Mir had talked about matters solely from a medical perspective. One had to look at not just the medical situation but also the appellant's circumstances and the judge's failure to mention TD & AD meant that there was an error of law.
The decision of the First-tier Tribunal did not involve the making of an error of law and I uphold the decision to dismiss the Appellant's appeal
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Common Room
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