Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/09289/2016

THE IMMIGRATION ACTS

Heard at Field House
Decision and Reasons Promulgated
On 22 March 2018
On 23 March 2018

Before

DEPUTY UPPER TRIBUNAL JUDGE BAGRAL

Between

KARRAR MAHMOOD
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: None (attendance excused)
For the Respondent: Mr C Avery, Senior Home Office Presenting Officer

DECISION AND REASONS
Introduction
1. This is the Appellant's appeal against the decision of First-tier Tribunal Judge S J Walker who in a decision promulgated on 13 September 2017 dismissed his appeal against a decision of the Respondent refusing to issue a residence card to the Appellant as an extended family member under the Immigration (European Economic Area) Regulations 2006.
2. I do not need to set out the background to this case because the parties agree that the decision of Judge Walker cannot stand for the reasons given below.
3. The First-tier Tribunal concluded that it had no jurisdiction to entertain the appeal following the case of Sala (EFMs: Right of Appeal) [2016] UKUT 00411.
4. In the light of Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755, the First-tier Tribunal was wrong in law to conclude that it did not have jurisdiction to hear the appeal.
5. I therefore set aside the decision of the First-tier Tribunal, pursuant to section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007. I remit the case to the First-tier Tribunal at Taylor House for a hearing of the Appellant's appeal on a date to be notified.
Decision
The Appellant's appeal against the decision of the First-tier Tribunal is allowed. The appeal is remitted to the First-tier Tribunal at Taylor House to be heard on the next available date by a judge other than Judge S J Walker.

Signed Date: 22 March 2018

Deputy Upper Tribunal Judge Bagral