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

 

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/03796/2016

 

THE IMMIGRATION ACTS

Heard at Glasgow	Decision and Reasons Promulgated
on 22 January 2018	on 24 January 2018

 

 

Before

 

UPPER TRIBUNAL JUDGE MACLEMAN

 

Between

 

OSAGIE EHIGIE

(anonymity direction not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

For the Appellant: Mr M Upadhyay, of Norman Lawson & Co, Solicitors

For the Respondent: Mrs M O'Brien, Senior Home Office Presenting Officer

 

 

DETERMINATION AND REASONS

1.              The appellant appeals against a decision by Designated First-tier Tribunal Judge Murray, promulgated on 23 August 2017, dismissing his appeal "for want of jurisdiction".

2.              Judge Murray applied the law as then understood.

3.              In light of Khan v SSHD [2017] EWCA Civ, which binds the UT (or, in Scotland, is persuasive to the same effect) that must now be taken as an error of law.

4.              In accordance with the letter from the President of the UT (IAC) to the respondent dated 21 December 2017, declining a general stay in the UT pending authority of the Supreme Court, the decision of the FtT is set aside and the case is remitted to the FtT for hearing.

5.              Any request for a stay in the FtT will raise different considerations and is a matter for that tribunal, if and when such application is made.

6.              No anonymity direction has been requested or made.

 

 

 

 

22 January 2018

Upper Tribunal Judge Macleman