EA/07160/2016 & EA/07164/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/07160/2016
EA/07164/2016


THE IMMIGRATION ACTS


At Field House
Decision & Reasons Promulgated
On 17 April 2018
On 19th April 2018


Before

Upper Tribunal Judge O'Connor


Between

MS OMAMOMOR ENEBELI
MS PHILO UFUOMA EFEMINI
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
Introduction
1. The appellants are citizens of Nigeria. Ms Enebelli was born 10 November 1965 and Ms Efemini was born 10 January 1967. They made an application to the Secretary of State for an EEA residence card. The application was refused in decision notices served on 7 June 2016, for reasons that I need not need to set out herein.
Decision of the First-tier Tribunal
2. The appellant lodged an appeal before the FtT. That appeal came before FtT Judge Keanen, who concluded in a decision dated 8 September 2017, that the FtT did not have jurisdiction to determine the appeal. No findings were made in relation to the substance of the appeal. The Judge's conclusion was informed by the guidance given by this Tribunal in Sala [2016] UKUT 00411.
3. The appellants appealed such decision to the Upper Tribunal and FtT Judge Alis granted permission. Thus, the matter comes before me.
Discussion
4. The Court of Appeal has now given consideration to the very issue in play in the instant case - see Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755. The Court concluded that the Upper Tribunal had been wrong in its conclusion and rationale in Sala. It is not in dispute that the effect of the decision in Khan, if applied to this case, is that the First-tier Tribunal was wrong to conclude that it did not have jurisdiction in this appeal.
5. For this reason, I set aside the decision of the First-tier Tribunal and remit the appeal back to the First-tier Tribunal to be heard afresh.

Decision

The decision of the First-tier Tribunal is set aside.

The appeal is remitted to the First-tier Tribunal.


Signed: Dated: 17th April 2018

Upper Tribunal Judge O'Connor