EA/03039/2015 & EA/03041/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: EA/03039/2015
EA/03041/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 17th December 2018
On 4th January 2019



Before

UPPER TRIBUNAL JUDGE FRANCES


Between

SUBANI VASANA KANKANAM ARACHCHIGE
JANITHA BABAGYA RANAWAKA
(ANONYMITY ORDER NOT MADE)
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr D Bazini, instructed by Jein Solicitors
For the Respondent: Mr T Melvin, Home Office Presenting Officer


DECISION AND DIRECTIONS

1. In the light of Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755, the First-tier Tribunal granted permission to appeal on the basis that it was arguably wrong in law to have concluded that it did not have jurisdiction to hear the appeal.



2. Following SM (Algeria) v ECO [2018] UKSC 9, in which the Supreme Court upheld the decision in Khan, the First-tier Tribunal made an error of law in dismissing the appeal for want of jurisdiction. I set aside the decision of Designated First-tier Tribunal Judge Woodcraft promulgated on 13 March 2017 and remit the case to the First-tier Tribunal.



J Frances
Signed Date 17 December 2018

Upper Tribunal Judge Frances