IA/10069/2015

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/10069/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 17 November 2016
On 30 November 2016



Before

DEPUTY UPPER TRIBUNAL JUDGE BAGRAL


Between

ASEMOTA FRIDAY AGBONLAHOR
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Miss R Manning, of Counsel, instructed by Rodman Pearce Solicitors
For the Respondent: Mr S Walker, Home Office Presenting Officer


DECISION AND REASONS
1. This is the Appellant's appeal against the decision of Judge of the First-tier Tribunal S J Pacey (hereafter "the Judge") promulgated on 21 March 2016.
2. The Appellant is a citizen of Nigeria born on 12 July 1993. It is not necessary to set out the Appellant's background in full but it is germane to note that his application for a Residence Card as an extended family member of an EEA national, namely, his sister, an Italian national, was refused by the Respondent on 24 February 2015 and upheld by the Judge essentially because it was not accepted that there was a relationship of dependency between the Appellant and his sister.
3. The First-tier Tribunal granted the Appellant permission to appeal on 20 October 2016 on the basis that it was arguable the Judge erred in law in that his conclusions were contradictory and he failed to make material findings on the issue of dependency. It was also noted that the effect of the Upper Tribunal's decision in Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC) must also be considered.
4. The Judicial head note to the decision in Sala (ibid) reads as follows: "There is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member." At the outset of the hearing before me, the representatives agreed that in light of this decision, the First-tier Tribunal had no jurisdiction to hear the appeal and both invited me to find accordingly.
5. The decision in Sala is declaratory of the law as it currently stands and must be applied notwithstanding that it was a decision reported subsequent to the decision of the First-tier Tribunal. I thus apply that decision to this appeal and I find that the First-tier Tribunal had no jurisdiction to hear the appeal as there is no right of appeal against the Respondent's decision not to grant a Residence Card to the Appellant as an extended family member.
Disposal
6. The Appellant has no right of appeal. The First-tier Tribunal had no jurisdiction to hear the appeal. It erred in law in doing so. Its decision is set aside and I substitute a decision that there was no valid appeal before the First-tier Tribunal.


Signed Dated

Deputy Upper Tribunal Judge Bagral