Post
by sunnet » Sat Jul 19, 2014 1:49 am
judge wrote this in the determination letter
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7. After this matter was considered during the appeal hearing it was agreed by the respondent that the failure to give the first name appellant an opportunity to deal with some the significant matters upon which the respondent relied in arriving at the conclusion that his claim was not credible, was sufficiently serious to amount to an error of law. Thus, by consent, it was agreed that this application should be remitted to the respondent to be considered afresh.
8. i should add that if, when a fresh decision is made, it is unfavourable to the appellant, and if a subsequent appeal is brought, each party will be expected to prepare its case for the appeal properly and efficiently because it is unlikely, given the history and the warning set out herein, that any subsequent request for an adjournment would succeed.
Decision
The decision dated 12 December 2013 contains a material error of law, as set out above, and the applications are remitted to the respondent for new decisions to be made. No application for costs having been made, there is no order as to costs.
COULD YOU ANYBODY TELL .. IS IT ALLOWED ?? OR ASKED FOR RECONSIDER ?? because my lawyer said on hearing day that my appeal was allowed. i am confusing.
thanks