EA/03655/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/03655/2015


THE IMMIGRATION ACTS


Field House
Decision & reasons Promulgated
8 February 2018
On 13 February 2018



Before

UPPER TRIBUNAL JUDGE JORDAN


Between

Ebet
Appellant
and

The Secretary Of State For The Home Department
Respondent


REASONS FOR FINDING AN ERROR OF LAW
1. On 18 December 2017 I granted permission in these terms:
1. Given that the Court of Appeal has said in Khan v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1755 (09 November 2017) that Sala (EFMs: Right of Appeal) [2016] UKUT 0411 (1AC) was wrongly decided and the First-tier Tribunal had jurisdiction to hear this appeal, I grant permission. The First-tier Tribunal Judge did not go on to decide the merits of the appeal.
2. The respondent must serve and file a response to my grant of permission within 21 days of this order stating (i) whether the respondent agrees the First-tier Tribunal Judge's determination was in error (irrespective of the fact that it was inadvertent) and that permission to appeal should be granted; (ii) that the determination should be set aside and (iii) the decision be re-made in the First-tier Tribunal. If the respondent considers this can be dealt with by consent, there will be no need for a hearing in the Upper Tribunal and an order will be made to that effect.
2. There has been no response to my proposal. The respondent has not indicated a disagreement with the course I proposed.
DECISION
(i) The First-tier Tribunal Judge made an error on a point of law and I set aside the decision of the First-tier Tribunal.
(ii) I direct that the appeal is remitted to the First-tier Tribunal for re-making.


Date: 13 February 2018
ANDREW JORDAN
JUDGE OF THE UPPER TRIBUNAL