EA/01913/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/01913/2016


THE IMMIGRATION ACTS


Field House
Decision & Reasons Promulgated
15 January 2018
On 16 January 2018



Before

UPPER TRIBUNAL JUDGE LINDSLEY


Between

OLAWALE ADEDIPE
(ANONYMITY ORDER NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
1. The appellant is a citizen of Nigeria born on 29th December 1969. He applied to remain in the UK as the extended family member (durable partner) of Ms Niatta Tucker, a Norwegian national exercising EEA rights in the UK. His appeal against the decision was dismissed for want of jurisdiction by First-tier Tribunal Judge Rothwell in a determination promulgated on the 13th July 2017.
2. Permission to appeal was granted by Judge of the First-tier Tribunal Foudy on the basis that it was arguable that the First-tier judge had erred in law in deciding that there was no jurisdiction to hear the appeal in light of the decision in Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755.
3. I issued a direction on 3rd January 2018 stating that an error of law would be found, and the matter remitted to the First-tier Tribunal if no objections were sent within 7 days. The direction was sent out on 4th January 2018 by first class post to both parties. No objections have been received and so I make the decision set out below.

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 there was no jurisdiction to hear this appeal.

3. I remit the appeal to the First-tier Tribunal for remaking.


Signed: Fiona Lindsley Date: 15th January 2018

Upper Tribunal Judge Lindsley