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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA302932014 [2015] UKAITUR IA302932014 (4 December 2015) URL: http://www.bailii.org/uk/cases/UKAITUR/2015/IA302932014.html Cite as: [2015] UKAITUR IA302932014 |
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IAC-PE- SW-V1
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: I A/30293/2014
THE IMMIGRATION ACTS
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Heard at Field House |
Decision & Reasons Promulgated |
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On 19 th November 2015 |
On 4 th December 2015 |
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Before
DEPUTY UPPER TRIBUNAL JUDGE BAIRD
Between
MR Emmanuel Atitsogbui Nyani
(anonymity direction not made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: No representation
For the Respondent: Mr C Avery - Senior Home Office Presenting Officer
DECISION AND REASONS
1. This is an appeal by the Secretary of State against the determination of First-tier Tribunal Judge Quinn issued on 15 th May 2015 allowing under the Immigration Rules the appeal of the Appellant against the decision of the Respondent made on 11 th July 2014 to refuse a residence card under the Immigration (European Economic Area) Regulations 2006 as a confirmation of his right to reside in the United Kingdom.
2. On 27 th July 2015 Upper Tribunal Judge Renton granted permission to appeal. He said:
"The Appellant appealed a decision to refuse him a residence card as the spouse an EEA citizen exercising Treaty rights in the UK. First-tier Tribunal Judge Quinn (the Judge) allowed the appeal because he was satisfied the Appellant was an extended family member of the Sponsor in accordance with Reg 8(5) of the Immigration (EEA) Regulations 2006, and therefore entitled to a residence card in accordance with Reg 17(4). This is an arguable error of law. Reg 17(4) states that the Respondent has a discretion to issue a residence card to an extended family member and therefore it is arguable that the Judge should have allowed the appeal only to the extent of referring the case to the Respondent for consideration of the exercise of discretion."
3. The Judge clearly erred in allowing the appeal. Regulation 17(4) is a discretionary provision. It is for the Secretary of State to make the decision.
4. The appeal should have been remitted to the Secretary of State for consideration and for a decision to be made.
Notice of Decision
The appeal is allowed to the extent that it is remitted to the Secretary of State for her to exercise her discretion and make a decision.
Signed Date: 26 th November 2015
N A Baird
Deputy Judge of the Upper Tribunal
