Atta Ahmad v Registrar for Approved Driving Instructors
[2024] UKFTT 557 (GRC)
Syed Imad Ahmed v Registrar of Approved Driving Instructors
8 November 2024
[2024] UKFTT 1004 (GRC)
First-tier Tribunal
A driving instructor trainee had his application for a second licence refused. He appealed, explaining he'd had family problems and health issues. The court agreed that the reasons for refusing the application were not good enough and gave him a second chance.
Key Facts
- •Syed Imad Ahmed appealed the Registrar of Approved Driving Instructors' refusal of his application for a second trainee driving instructor licence.
- •The refusal was based on his failure to complete training within the first three months of his first licence.
- •The Appellant cited extenuating circumstances, including family bereavement and his wife's health issues.
- •The Respondent's response did not adequately address the Appellant's circumstances.
- •The Appellant provided supporting documentation (Birth and Death Certificates, travel tickets).
Legal Principles
Appeals to the Tribunal are by way of rehearing, with the Tribunal making a fresh decision on the evidence.
Road Traffic Act 1988, s.131
The Tribunal must give appropriate weight to the Respondent's reasons, but does not conduct a procedural review.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Tribunal) Rules 2009, Rule 2 and Rule 36
The burden of proof rests with the Appellant to demonstrate that the Respondent's decision was wrong.
Implicit in the appeal process
A trainee licence is not issued for income generation purposes.
Tribunal's finding
Outcomes
Appeal allowed.
The Tribunal found the Appellant's evidence credible and that his extenuating circumstances justified granting a second trainee licence. The Respondent's reasons for refusal were insufficient.
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