EA/03434/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/03434/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision and Reasons Promulgated
On 25 January 2018
On 30 January 2018



Before

DEPUTY UPPER TRIBUNAL JUDGE RAMSHAW


Between

Mr Muhammad Kabir
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: The appellant appeared in person
For the Respondent: Mr L Tarlow, a senior Home Office presenting officer


DECISION AND REASONS
Introduction

1. I do not need to set out the background to this case because the respondent accepts that there was an error of law in the First-tier Tribunal's decision. The decision of the respondent that was appealed against was the refusal to issue a residence cards to the appellant as an extended family member under the Immigration (European Economic Area) Regulations 2006.

2. 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.

3. 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.

4. 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 the next available date.

Decision

The appellant's appeal against the decision of the First-tier Tribunal is allowed. The case is remitted to the First-tier Tribunal at Taylor House to be heard on the next available date.


Signed P M Ramshaw Date: 29 January 2018

Deputy Upper Tribunal Judge Ramshaw