IA/11645 /2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/11645 /2015


THE IMMIGRATION ACTS


Determined at Field House
Decision and Reasons Promulgated
On 2 December 2016
On 8 December 2016



Before

UPPER TRIBUNAL JUDGE KEKI?



Between

JONATHAN OSAYUNDE OSAMUDIAMEN
(anonymity order not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

DETERMINATION AND REASONS

1. This appeal was listed for hearing on 17 November 2016 but on 10 November 2016 the parties agreed by consent, pursuant to Rule 39(1) of the Upper Tribunal procedure rules 2008, to disposal on the following grounds:

(i) That the Tribunal need not decide in this case any jurisdiction issues arising from the Tribunal's decision in Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC).

(ii) That the Tribunal upholds the Secretary of State's challenge, sets aside the determination of the First-tier Tribunal as not recording the outstanding need for extensive examination under reg 17(4) and (5); and

(iii) That a determination be substituted allowing the appeal to the limited extent that extensive examination is to be undertaken by the Secretary of State on the unchallenged basis that a durable relationship has been established under reg. 8(5).

2. The appellant is a national of Nigeria who applied for a residence card as the extended family member of an EEA national. His appeal was allowed by First-tier Tribunal Judge Meyler under the Regulations. The respondent obtained permission to appeal on 12 August 2016 on the basis that the matter should arguably have been remitted to the respondent for the exercise of her discretion rather than allowed outright.

3. Although the appeal has been brought by the Secretary of State, I continue to refer to the parties as they were before the First-tier Tribunal.

4. Given the terms of the consent order agreed by the parties, I set aside the determination of the First-tier Tribunal for the reasons set out in paragraph 1(ii) above.

5. Decision

6. I re-make the decision and allow the appeal to the limited extent that it is remitted to the Secretary of State for further examination in terms of paragraph 1(iii) above.


Signed




Upper Tribunal Judge

Date: 2 December 2016