Appellant denied appeal over fairness claims

In the case of Asim Mujeeb v The Driver and Vehicle Standards Agency, the First-tier Tribunal (FTT) reviewed an application for permission to appeal after Mujeeb's previous appeal was rejected on regulatory grounds. This case has significant implications regarding the balance between regulatory compliance and individual circumstances, specifically the concept of procedural fairness.

On 14 November 2024, the FTT made an initial ruling concerning Mujeeb's application for a trainee driving licence. The Driver and Vehicle Standards Agency (DVSA) had refused the application, asserting that Mujeeb did not provide enough evidence to support his claims regarding extenuating family circumstances. Mujeeb argued that his wife’s health challenges during pregnancy and his child's medical needs warranted a reconsideration of his application.

Representing himself, Mujeeb sought permission to appeal the decision, contending that significant procedural errors had occurred during the FTT hearing. He asserted that the Tribunal acted unfairly by not seeking further evidence that could have substantiated his claims, arguing that this failure denied him a fair hearing and breached the principles of procedural fairness as outlined in the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.

During the appeal hearing on 11 June 2025, Judge Brian Kennedy KC assessed the arguments presented by Mujeeb. For an appeal to be granted, it was essential to demonstrate that an error of law had occurred. Mujeeb’s principal argument revolved around the expectation that the FTT should have actively pursued additional evidence, such as medical records, to support his case. He felt that the Tribunal had overlooked crucial information in his situation.

While acknowledging Mujeeb’s concerns, Kennedy KC concluded that the original Tribunal had thoroughly evaluated the evidence provided and stated reasons for its decision. The judge emphasised that the bar for appealing to the Upper Tribunal is high, and dissatisfaction with the outcome alone is not sufficient to demonstrate a legal error.

Furthermore, the ruling underscored that procedural fairness involves appellants’ responsibility to present their cases effectively. Mujeeb's appeal appeared to stem more from a personal disagreement with the FTT’s findings than from substantive legal inaccuracies. The Tribunal clarified that the onus of providing additional evidence lies with the appellant as part of their initial submission, not purely upon request.

The Tribunal reiterated the need for a realistic prospect of success for any appeal. Mujeeb's case lacked a substantive basis to suggest that the FTT had committed a material error regarding the law or procedural matters.

Kennedy KC reinforced that the original Tribunal's findings were not merely favourable to the DVSA but were grounded in a thorough analysis of the evidence and arguments submitted. The FTT had made its ruling after considering all relevant information, and its rationale was soundly articulated in the decision.

As a result, the Tribunal denied Mujeeb’s application for permission to appeal, determining that his claims of procedural unfairness did not meet the necessary threshold. This decision effectively closed Mujeeb's path to the Upper Tribunal, highlighting the importance of diligence and comprehensive engagement with procedural requirements for appellants aiming for favourable outcomes in regard to tribunal matters.

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