EA/00162/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/00162/2016


THE IMMIGRATION ACTS


Heard at Manchester
Decision & Reasons Promulgated
On 18th November 2016
On 21st November 2016



Before

UPPER TRIBUNAL JUDGE MARTIN


Between

MS BIH TOSAM
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Not Represented
For the Respondent: Mr A McVeety (Senior Home Office Presenting Officer)


DECISION AND REASONS

1. This is an appeal to the Upper Tribunal, with permission, by the Appellant in relation to a Decision and Reasons of the First-tier Tribunal (Judge Wilson) promulgated on 9th May 2016 by which he dismissed the Appellant's appeal against the Secretary of State's decision to refuse to issue her with a Residence card as an extended family member of an EEA national exercising Treaty Rights in the UK.

2. Permission to appeal was granted on 28th July 2016.

3. However on 19th September 2016 the Upper Tribunal published its decision in Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC) which found that extended family members have no right of appeal to the First-tier Tribunal.

4. In light of Sala and in line with it I find as follows:

5. The Appellant has no right of appeal. The First-tier Tribunal had no jurisdiction to hear the appeal. It erred in law in doing so.

6. I set aside the decision and substitute a decision that there was not a valid appeal before the First-tier Tribunal.


Signed Date 18th November 2016

Upper Tribunal Judge Martin