EA/06502/2017

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal no: EA/06502/2017


THE IMMIGRATION ACTS


At 
Decision & Reasons Promulgated
On 04.03.2019
On 14.03.2019


Before:
Upper Tribunal Judge
John FREEMAN

Between:
Jacqueline Mercedes PARKES
appellant
and

Secretary of State for the Home Department
respondent


Representation:
For the appellant: Mrs M Atacha (working under the supervision of James P Dean, direct access barrister)
For the respondent: Mr P Duffy


DETERMINATION AND REASONS
This is an appeal, by the , against the decision of the First-tier Tribunal (Judge Michael Roots), sitting at Hatton Cross on 8 November 2018, to  for lack of jurisdiction an appeal by a citizen of Jamaica, born 1965. The appellant had been here from 2010 - 15 on an EEA residence card, so the decision under appeal, once that no longer applied, was to remove her under s. 10 of the Immigration and Asylum Act 1999, giving her a right of appeal under reg. 36 of the Immigration (European Economic Area) Regulations 2016.
2. When the appeal came before the judge, both sides had persuaded themselves, and him, that it had been premature, since the refusal letter was not sent till 19 July 2018. However the notice of decision was served on the 6th, and the notice of appeal was validly given on the 8th: the refusal letter does no more than give reasons for the decision already served.
3. It follows that the appellant is entitled to the first-tier hearing she never had, before any judge, including Judge Roots.
Appeal :: decision set aside
Fresh hearing in First-tier Tribunal at Hatton Cross


(a judge of the Upper Tribunal)
04 March 2019