EA/09606/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/09606/2016

THE IMMIGRATION ACTS

On the papers
Decision & Reasons Promulgated
On 9 March 2018
On 9 March 2018


Before

UPPER TRIBUNAL JUDGE FRANCES

Between

MOHAMMED RADIBUR RAHMAN
(anonymity direction NOT  MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DECISION AND REASONS
1. The Appellant's appeal against the refusal of a residence card as confirmation of rights of residence as an extended family member under the Immigration (EEA) Regulations 2006 was dismissed by First-tier Tribunal Judge I M Scott for want of jurisdiction.
2. Permission to appeal was granted by the First-tier Tribunal on 26 February 2018 on the ground it was arguable the judge erred in law: Sala (EFMs: right of appeal [2016] UKUT 00411 (IAC) and Khan v SSHD [2017] EWCA Civ 1755.
3. I find that there is an error of law in the decision of First-tier Tribunal Judge I M Scott promulgated on 12 September 2017 and I set it aside. I remit the case to the First-tier Tribunal to reconsider the appeal.

J Frances

Signed Date 9 March 2018
Upper Tribunal Judge Frances