EA/00339/2018

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/00339/2018


THE IMMIGRATION ACTS


Heard at Bradford
Decision & Reasons Promulgated
On 5 December 2018
On 10 December 2018


Before

UPPER TRIBUNAL JUDGE LANE


Between

KENNETH PITCH DUNCALFE
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms Frantzis, instructed by Freeths LLP
For the Respondent: Mr Diwnycz, Senior Home Office Presenting Officer


DECISION AND REASONS
1. The appellant is a citizen of Canada. He appeals against a decision of the First-tier Tribunal promulgated on 12 July 2018 dismissing his appeal against a decision of the Secretary of State dated 7 December 2017 refusing his application for a residence card as the family member of Doreen May Smith, a British citizen.
2. Mr Diwnycz, who appeared for the Secretary of State, told me that, in light of the decision in Banger [2018] EUECJ C-89/17, that the respondent now accepted that the judge had erred in law. He further acknowledged that the decision should now be remade allowing the appeal.
Notice of Decision
3. The decision of the First-tier Tribunal promulgated on 12 July 2018 is set aside. I have remade the decision. The appellant's appeal against the decision of the Secretary of State dated 7 December 2017 is allowed.


Signed Date 5 December 2018

Upper Tribunal Judge Lane