EA/06550/2016 & EA/06551/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: EA/06550/2016
EA/06551/2016


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 27 September 2018
On 10 September 2018


Before

DR H H STOREY
JUDGE OF THE UPPER TRIBUNAL


Between

RABIA [R]
[M R]
(ANONYMITY DIRECTION NOT MADE)
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellants: Mr A Kaihiva, Counsel, instructed by M-R Solicitors (High Road)
For the Respondent: Ms N Willocks-Briscoe, Home Office Presenting Officer


DECISION AND REASONS
1. The appellants, citizens of Pakistan, challenge the decision of Judge R C Campbell sent on 2 August 2017, dismissing their appeals for want of jurisdiction.
2. It is unnecessary to set out the grounds in any detail because the simple fact is that the decision on which Judge Campbell of the First-tier Tribunal (FtT) relied for finding a want of jurisdiction - Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC) - has since been overturned by the Court of Appeal in Khan v SSHD [2017] EWCA Civ 1755 published on 9 November 2017. As a consequence, Judge Campbell's decision must be set aside for material error of law and the case remitted to be heard on the merits by the FtT.
3. To summarise:
The decision of FtT Judge Campbell is set aside for material error of law;
The case is remitted to the FtT.
No anonymity direction is made.


Signed: Date: 4 October 2018


Dr H H Storey
Judge of the Upper Tribunal