EA/00774/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/00774/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision sent to parties on
On 2 December 2016
On 20 December 2016



Before

UPPER TRIBUNAL JUDGE GLEESON

Between

Mohamed Nafras Mohamed Nazeer
(no anonymity order made)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: In person
For the Respondent: Mr S Walker, a Senior Home Office Presenting Officer

DECISION AND REASONS

1. The appellant appeals with permission against the respondent's decision to refuse him a residence permit under the Immigration (European Economic Area) Regulations 2006 (as amended) as an extended family member.
2. The appellant's representatives, SEB Solicitors, did not appear or provide representation, but the appellant, despite the transport difficulties today, was present in person. I explained to him that there was no valid appeal before the Upper Tribunal, because of the decision in Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) which held that:
There is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member.
3. First-tier Tribunal Judge Shaerf, when granting permission, noted the relevance of Sala but considered that there were some matters which might be properly justiciable before the Upper Tribunal. That was legally erroneous: in the absence of any statutory jurisdiction, the Upper Tribunal has no valid appeal before it and the only appropriate method of challenge to the refusal of an extended family member residence card is by way of judicial review.
4. This appeal is dismissed.

Signed: Judith A J C Gleeson Date: 19 December 2016
Upper Tribunal Judge Gleeson