EA/00536/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/00536/2016


THE IMMIGRATION ACTS


Field House
Determination Promulgated
On 19 December 2017
On 20 December 2017



Before

UPPER TRIBUNAL JUDGE JORDAN


Between

Raja Umer Ali
Appellant
and

The Secretary Of State For The Home Department
Respondent


DECISION AND REASONS

1. The First-tier Tribunal Judge in light of Sala (EFMs: Right of Appeal) [2016] UKUT 0411 (1AC) decided that the Tribunal had no jurisdiction. Given that the Court of Appeal has said in Khan v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1755 (09 November 2017) that Sala (EFMs: Right of Appeal) was wrongly decided, we now know the First-tier Tribunal had jurisdiction to hear this appeal,
2. Proposals were given by Upper Tribunal Judge Blum on 11 December 2017 that the appeal be allowed; the determination of the First-tier Tribunal Judge be set aside and the appeal be remitted to the First-tier Tribunal for the decision to be re-made.
3. Neither side has objected to that proposal. Pursuant to Rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008, I make this decision without a hearing.

DECISION

1. The Judge made an error on a point of law and I set aside the determination.

2. I direct that the appeal is re-made in the First-tier Tribunal.



ANDREW JORDAN
JUDGE OF THE UPPER TRIBUNAL