The Court dismissed the judicial review application, holding that the independent expert's findings that the applicant's self-reported emotional responses to being called 'psycho' and an incident of reckless driving did not amount to reasonable fear or apprehension for wellbeing or safety under reg 1.21 were not illogical or irrational within the SZMDS threshold. The Court confirmed that where the Tribunal is satisfied an independent expert opinion under reg 1.23(10)(c)(ii) was properly made, it is bound to accept it, and that disagreement with the weight given to evidence or the expert's interpretation of self-reported responses amounts to impermissible merits review rather than jurisdictional error.
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