EA/03927/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: ea/03927/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 19 September 2016
On 18 October 2016



Before

UPPER TRIBUNAL JUDGE ALLEN


Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

jaime jorge manuel tello farias
(anonymity direction not made)
Respondent


Representation:
For the Appellant: Mr L Tarlow, Senior Home Office Presenting Officer
For the Respondent: In person


DECISION AND REASONS

1. Mr Tello Farias, to whom I shall refer hereafter as the appellant, as he was before the First-tier Judge, appealed to the judge against the decision of the Secretary of State (hereafter the respondent) of 14 May 2015 refusing his application for a residence card as the extended family member of an EEA national. The judge allowed that appeal, and the Secretary of State appeals with permission to the Upper Tribunal.

2. On the morning of the hearing I handed to the parties a decision of the Upper Tribunal in Shemsi Sala, which was on the point of being reported and was authorised for distribution to the parties, in which a panel of the Upper Tribunal consisting of the Vice President and Upper Tribunal Judge Grubb concluded that a person who is refused a residence card as an extended family member under the Immigration (EEA) Regulations 2006 does not have a right of appeal to the First-tier Tribunal under Regulation 26 of the EEA Regulations.

3. I explained to Mr Tello Farias that I would be following this decision and that as a consequence would be concluding that he did not have a right of appeal to the First-tier Tribunal. I advised him to obtain legal advice as to how to respond to this decision.

Notice of Decision

4. In light of the decision in Sala, I conclude that there is no right of appeal in this case, and as a consequence the First-tier Judge was without jurisdiction. For his decision is substituted a decision that there was not a valid appeal before the First-tier Tribunal.

5. No anonymity direction is made.






Signed Date 18 October 2016


Upper Tribunal Judge Allen