EA/02358/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/02358/2016


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 21 February 2018
On 26 April 2018



Before

UPPER TRIBUNAL JUDGE GLEESON


Between

Olayinka Wasi Gabadamosi
[NO ANONYMITY ORDER]
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the appellant: Mr Olawale Adisa, solicitor with Oasis Solicitors
For the respondent: Mr Stephen Kotas, a Senior Home Office Presenting Officer
DECISION AND REASONS
Decision and reasons
1. The appellant appeals with permission against the decision of the First-tier Tribunal dismissing his appeal against the decision of the respondent to refuse him a permanent right of residence following 5 years in the United Kingdom, pursuant to the Immigration (European Economic Area) Regulations 2006 (as amended), as the extended family member of an EEA national exercising Treaty rights here.
2. The appellant is a citizen of Nigeria.
3. The appeal was struck out by the First-tier Tribunal on Sala/Khan grounds for want of jurisdiction.
4. Following the decision of the Supreme Court in SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 on 14 February 2018, the respondent accepts that it was legally erroneous to treat the appellant as having no right of appeal to the First-tier Tribunal.
5. The appeal of the appellant is therefore allowed and the First-tier Tribunal decision set aside.
6. The appeal will be heard substantively, and the decision remade, in the First-tier Tribunal.

DECISION

7. For the foregoing reasons, my decision is as follows:
The making of the previous decision involved the making of an error on a point of law.
I set aside the previous decision. The decision in this appeal will be remade in the First-tier Tribunal on a date to be fixed.

Date: 23 April 2018 Signed Judith AJC Gleeson Upper Tribunal Judge Gleeson