EA/03509/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/03509/2016

THE IMMIGRATION ACTS

Heard at Field House Decision & Reasons Promulgated
On 23 March 2018 On 11 April 2018


Before

DEPUTY UPPER TRIBUNAL JUDGE RAMSHAW


Between

MR MD MOHIN UDDIN
(ANNONYMITY DIRECTION NOT MADE)
Appellant

and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:

For the Appellant: No appearance
For the Respondent: Mrs Z Kiss, a senior Home Office presenting officer


DECISION AND REASONS
Introduction

1. I checked the court file and noted that the appellant was served at the last address on file with the notice of hearing. I decided that it was in the interests of justice to proceed with the hearing.

2. 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 card to the appellant as an extended family member under the Immigration (European Economic Area) Regulations 2006.

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.

6. Judge Plumtree did not decide any issues of fact. I therefore remit the case to the First-tier Tribunal at Harmondsworth to be heard by any judge other than judge Plumtree 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 Harmondsworth to be heard on the next available date.



Signed P M Ramshaw Date: 9 April 2018


Deputy Upper Tribunal Judge Ramshaw