Yes, it is.
My experience of appeals to the Commissioners/Upper Tribunal tells me that obtaining or being refused permission to appeal is more or less meaningless, anyway. Being given leave makes it no more likely that you'll succeed at the further appeal and being refused is no indicator that you'll lose at Upper Tribunal. If the arguments about the first tribunal's error(s) of law have merit, you'll succeed anyway. In fact, in all but one of the appeals where I've succeeded at Commissioners/Upper Tribunal, leave to appeal was refused in the first instance.
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