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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 >> EA014822015 [2018] UKAITUR EA014822015 (19 September 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA014822015.html Cite as: [2018] UKAITUR EA014822015, [2018] UKAITUR EA14822015 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/01482/2015
THE IMMIGRATION ACTS
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Heard at the Royal Courts of Justice |
Decision & Reasons Promulgated |
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On 20 August 2018 |
On 19 September 2018 |
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Before
UPPER TRIBUNAL JUDGE CRAIG
Between
mr SHAHBAZ JAVED
(ANONYMITY DIRECTION not made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Ms J Elliot-Kelly, Counsel instructed by Sunrise Solicitors
For the Respondent: Mr P Duffy, Senior Home Office Presenting Officer
DECISION AND REASONS
1. The appellant in this case appeals against a decision made by First-tier Tribunal Judge Courtney, who in a Decision and Reasons promulgated on 22 October 2017 dismissed the appellant's appeal against the respondent's decision to reject his EEA residence card application as an extended family member. The basis of the decision was that relying on the decision of this Tribunal in Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC) the judge considered that he lacked jurisdiction to hear the appeal (which had been brought under the 2006 EEA Regulations) because there was no statutory right of appeal against a decision of the respondent not to grant a residence to a person claiming to be an extended family member under these Regulations.
2. The Court of Appeal in Khan v SSHD [2017] EWCA Civ 1755 has decided that the decision in Sala was incorrect and that there is a statutory right of appeal in these circumstances. It follows that the First-tier Tribunal's decision contained a material error of law and that the decision must now be re-made. In these circumstances the appropriate course is to remit this appeal back to the First-tier Tribunal to be heard by any judge other than First-tier Tribunal Judge Courtney.
Decision
The decision of the First-tier Tribunal that there was no statutory right of appeal contained a material error of law and the appeal is remitted to be re-heard by the First-tier Tribunal, sitting at Hatton Cross (or such other hearing centre as shall be directed) by any judge other than First-tier Tribunal Judge Courtney.
Signed:
Upper Tribunal Judge Craig Date : 14 September 2018
