(Immigration and Asylum Chamber) Appeal Number: EA/03432/2016
THE IMMIGRATION ACTS
Heard at Field House
Decision & Reasons Promulgated
On 26 January 2018
On 23 February 2018
DEPUTY UPPER TRIBUNAL JUDGE SHERIDAN
Mr Mayooran Karunakaran
(ANONYMITY DIRECTION not made)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Appellant: Ms R Popal, Counsel, instructed by Amirthan & Suresh Solicitors
For the Respondent: Mr S Walker, Home Office Presenting Officer
DECISION AND REASONS
1. The appellant is a citizen of Sri Lanka born on 27 November 1983 whose application for a residence card as an extended family member of an EEA national exercising treaty rights was refused on 3 March 2016. The appellant's subsequent appeal to the First-tier Tribunal was heard by Judge McCarthy.
2. In a decision promulgated on 8 February 2017 the judge, applying the Upper Tribunal decision in Sala (EFMs)  UKUT 0411, dismissed the appeal for want of jurisdiction.
3. Before me both parties were in agreement that in light of the recent Court of Appeal decision Khan v Secretary of State for the Home Department  EWCA Civ 1755 it was an error of law to find that there was no jurisdiction to hear the appeal. I agree.
4. As no findings were made by the First-tier Tribunal on the substantive issues the matter will need to be remitted to the First-tier Tribunal to be heard afresh.
Notice of Decision
(1) The decision of the First-tier Tribunal contains a material error of law and is set aside.
(2) The appeal is remitted to the First-tier Tribunal to be heard before a judge other than First-tier Tribunal Judge McCarthy.
(3) No anonymity direction is made.
Deputy Upper Tribunal Judge Sheridan
Dated: 19 February 2018