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NOTICE OF DETERMINATION OF
APPLICATION FOR PERMISSION TO APPEAL
Applicant:
DETERMINATION
REASONS
5. In the UT13 form Mr trnr~ t does, however, seek to argue two points of
law. The first is that the First-tier Tribunal was biased against him. The
second is that the First-tier Tribunal's decision, or findings of fact, were
legally irrational. The two grounds are related because Mr ~._
argues that bias is based upon the irrational failure of the First-tier
Tribunal to give equal consideration to his evidence showing that he
was correct. The submission as I see it therefore does come down to the
First-tier Tribunal being biased because it wrongly found against Mr
C"~-~~ notwithstanding the clear evidence showing he was correct.
6. The relevant test for bias is to "ascertain all the circumstances which have a
bearing on the suggestion that the judge was biased....[and] the question is
[then] whether the fair minded and informed observer, having considered the
facts, would conclude that there was a real possibility that the [judge] was
biased": per Lord Hope in Porter -v- Magill [2002] 2 AC 357 at
paragraphs 102 and 103. In this case, the relevant "circumstance", so
Mr C-==-'_~Largues, is the strength of the evidence in his favour.
overwhelmingly in his favour, but that is not the test. The application
for permission to appeal does not identify the objective evidence which
Mr ~-= alleges is so decisively in his favour, nor can I identify what
that evidence is.