EA/00337/2018

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/00337/2018


THE IMMIGRATION ACTS


Field House
Decision & Reasons Promulgated
On 26th November 2018
On 29th November 2018



Before

UPPER TRIBUNAL JUDGE LINDSLEY


Between

FADI CHAHROUR
(ANONYMITY ORDER NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
1. The appellant applied for an EEA residence card as the durable partner of an EEA national. The application was refused on 6th November 2017, and the First-tier Tribunal declined to hear the appeal on the basis it did not have jurisdiction.
2. Permission to appeal was granted on the basis that it was arguable that the First-tier judge had erred in law in light of Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755. The parties were informed in that decision, dated 6th November 2018, that the Upper Tribunal was minded to find an error of law and remit the matter back to the First-tier Tribunal for remaking. The parties were given 7 days to make any representations opposing this course of action if they so wished. No representations have been received. I therefore find that there was an error of law on this basis and remit the matter to the First-tier Tribunal.
Decision:
1. The making of the decision of the First-tier Tribunal involved the making of an error on a point of law.
2. I set aside the decision of the First-tier Tribunal that they had no jurisdiction to hear the appeal.
3. I remit the remaking to the First-tier Tribunal.



Signed: Fiona Lindsley Date: 26th November 2018
Upper Tribunal Judge Lindsley