(Immigration and Asylum Chamber) Appeal Number: EA/13648/2016
THE IMMIGRATION ACTS
Heard at: Manchester Civil Justice Centre
Decision and Reasons Promulgated
On: 4th June 2019
On: 17th June 2019
UPPER TRIBUNAL JUDGE BRUCE
(no anonymity direction made)
The Secretary of State for the Home Department
For the Appellant: Mr Wood, Immigration Advice Service (Manchester)
For the Respondent: Mr McVeety, Senior Home Office Presenting Officer
DECISION AND REASONS
1. The Appellant is a national of Bosnia and Herzegovina born on the 10th August 1960. He appeals with permission the decision of the First-tier Tribunal (Judge D Alty) to dismiss his appeal under the Immigration (European Economic Area) Regulation 2016.
2. This appeal is settled by consent. Following the decision of the European Court of Justice in Banger v United Kingdom C89/17 the Secretary of State accepts that the Appellant is entitled to a residence card confirming his right of residence as a Surinder Singh partner. The First-tier Tribunal erred in finding otherwise. Following the decisions in Khan v Secretary of State for the Home Department  EWCA Civ 1755 and SM (Algeria) v ECO  UKSC 9 the Secretary of State further accepts that the First-tier Tribunal was wrong to find, in the alternative, that it did not have jurisdiction to consider whether the Appellant qualified as an 'extended family member'.
3. The determination of the First-tier Tribunal contains a material error of law and it is set aside.
4. The decision in the appeal is: "the appeal is allowed".
5. There is no order for anonymity.
Upper Tribunal Judge Bruce
Dated 4th June 2019