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Statement of Reasons
I have recently had two appeals where the appellant has failed to attend the hearing, for good reasons.
The appeals have gone ahead and were refused.
I requested set asides which were refused.
I also requested written statement of reasons.
In both cases the Judges have written on the decision notice, “I adopt the response filed by the respondent as the Tribunal’s statement of reasons”.
I have proceeded to the Upper Tribunal with one and am still waiting for the S of R for the other.
My question is,
Can the Tribunal effectively rely on the submission from the DM as a statement of reasons??
Yes, if they agree completely with the explanation given by the sub writer and have nothing to add to it - if of course there was evidence that pointed in another direction they should also explain why they rejected it. But in many cases turning on a point of tough law, the decision actually is correct and the reasons given in the sub may be the right ones.