United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/00536/2016

 

 

THE IMMIGRATION ACTS

Field House	Determination Promulgated
On 19 December 2017	On 20 December 2017

 

Before

 

UPPER TRIBUNAL JUDGE JORDAN

 

 

Between

 

Raja Umer Ali

Appellant

and

 

The Secretary Of State For The Home Department

Respondent

 

 

DECISION AND REASONS

 

1.       The First-tier Tribunal Judge in light of Sala (EFMs: Right of Appeal) [2016] UKUT 411 (1AC) decided that the Tribunal had no jurisdiction. Given that the Court of Appeal has said in Khan v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1755 (09 November 2017) that Sala (EFMs: Right of Appeal) was wrongly decided, we now know the First-tier Tribunal had jurisdiction to hear this appeal,

2.       Proposals were given by Upper Tribunal Judge Blum on 11 December 2017 that the appeal be allowed; the determination of the First-tier Tribunal Judge be set aside and the appeal be remitted to the First-tier Tribunal for the decision to be re-made.

3.       Neither side has objected to that proposal. Pursuant to Rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008, I make this decision without a hearing.

 

DECISION

 

1.             The Judge made an error on a point of law and I set aside the determination.

 

2.             I direct that the appeal is re-made in the First-tier Tribunal.

 

 

 

ANDREW JORDAN

JUDGE OF THE UPPER TRIBUNAL