EA/02846/2016
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The decision
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/02846/2016
THE IMMIGRATION ACTS
Heard at Field House
Decision and Reasons Promulgated
On 16 February 2018
On 21 February 2018
Before
DEPUTY UPPER TRIBUNAL JUDGE BAGRAL
Between
OLUWAKEMI MAJEKODUNMI
(ANONYMITY DIRECTION NOT MADE)
Appellant
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: None (Appellant attended in person)
For the Respondent: Mr T Wilding, Senior Home Office Presenting Officer
DECISION AND REASONS
Introduction
1. This is the Appellant's appeal against the decision of First-tier Tribunal Judge Sweet who in a decision promulgated on 15 August 2017 dismissed his appeal against a decision of the Respondent refusing to issue a permanent residence card to the Appellant as an extended family member under the Immigration (European Economic Area) Regulations 2006.
2. I do not need to set out the background to this case because the parties agree that the decision of Judge Sweet cannot stand for the reasons given below.
3. The First-tier Tribunal concluded that it had no jurisdiction to entertain the appeal following the case of Sala (EFMs: Right of Appeal) [2016] UKUT 00411.
4. In the light of Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755, the First-tier Tribunal was wrong in law to conclude that it did not have jurisdiction to hear the appeal.
5. I therefore set aside the decision of the First-tier Tribunal, pursuant to section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007. I remit the case to the First-tier Tribunal at Taylor House for a hearing of the Appellant's appeal on a date to be notified.
Decision
The Appellant's appeal against the decision of the First-tier Tribunal is allowed. The appeal is remitted to the First-tier Tribunal at Taylor House to be heard on the next available date by a judge other than Judge Sweet.
Signed Date: 16 February 2018
Deputy Upper Tribunal Judge Bagral