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Application for permission to appeal
Can a first-tier tribunal judge consider an application for permission to appeal against a decision of a single-member first-tier tribunal in which they sat as the judge?
A single-member first-tier tribunal refused my client’s appeal. I requested permission to appeal to the UAT and this has been considered by the same judge who refused the appeal, and refused. Am I right in thinking that the judge should have recused himself from considering the application to avoid any appearance of bias, or is this practice perfectly legitimate?
Where a decision is made by a salaried judge, it should be the same judge who considers the application. See para 11(b) of the relevant practice statement:
I remember this being discussed previously so have dug out aprevious thread-
Ok.
Thanks very much both.
That was really helpful.