IA/18624/2015

• Status of case: Unreported
• Hearing date: 28 Oct 2016
• Promulgation date: 16 Nov 2016
• Publication date: 2 Sep 2020
• Last updated on: 2 Sep 2020

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/18624/2015


THE IMMIGRATION ACTS


Heard at Manchester
Sent all Parties
On October 28, 2016
On November 16, 2016



Before

DEPUTY UPPER TRIBUNAL JUDGE ALIS


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

MR RAJINDER SINGH
(NO ANONYMITY DIRECTION MADE)
Respondent


Representation:
Appellant Mr McVeety (Home Office Presenting Officer)
Respondent Mr Salam (Legal Representative)


DECISION AND REASONS

1. The respondent in these proceedings was the appellant before the First-tier Tribunal. From hereon I have referred to the parties as they were in the First-tier Tribunal so that for example reference to the respondent is a reference to the Secretary of State for the Home Department.
2. I do not make an anonymity order under rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended).
3. The appellant is a national of India. On April 25, 2012 the appellant entered the United Kingdom. On July 30, 2013 the appellant applied for leave to remain as a Tier 4 (General) Student and this was granted on September 4, 2013.
4. On November 28, 2014 he applied for a residence card as the extended family member of an EEA national. The respondent refused his application on May 13, 2015.
5. The appellant appealed that decision on May 18, 2015 under Regulation 26 of the Immigration (European Economic Area) Regulations 2006 and Section 82(1) of the Nationality, Immigration and Asylum Act 2002 and his appeal came before Judge of the First-tier Tribunal Alty (hereinafter referred to as "the Judge" on January 11, 2016. In a decision promulgated on January 22, 2016 he allowed his appeal under the 2006 Regulations.
6. The respondent appealed the Judge's decision on January 27, 2016 and permission to appeal was granted by Judge of the First-tier Tribunal Martin on July 12, 2016.
7. The matter came before me on the above date.

PRELIMINARY ISSUES
8. I brought to the attention of both representatives the recent decision of Sala (EFMs: Right of Appeal) [2016] UKUT 00411. The Tribunal made it clear that 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.
9. Mr Salam referred me to Regulation 26 which provides a right of appeal but I pointed out to him that this issue had been argued in the above case and the Tribunal's finding was that there was no right of appeal.
10. I therefore allow the respondent's appeal and set aside the Judge's decision.

DECISION
11. The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law and I set aside the Judge's decision.
12. 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.
13. I set aside the decision to allow the appeal and substitute a decision that there was not a valid appeal before the First-tier Tribunal and I direct that no further steps be taken by the Tribunal.


Signed: Dated:


Deputy Upper Tribunal Judge Alis




FEE AWARD
TO THE RESPONDENT
I make no fee award as I dismissed the appeal.


Signed: Dated:


Deputy Upper Tribunal Judge Alis