IA/25153/2015

  • 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/25153/2015

THE IMMIGRATION ACTS

Heard at Manchester
Decision Promulgated
On 28 March 2017
On 19 April 2017



Before

UPPER TRIBUNAL JUDGE PLIMMER


Between

MUHAMMAD KASHIF
ANOYNIMITY DIRECTION NOT MADE
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the appellant: Ms Hashimi (Mamoon Solicitors)
For the respondent: Mr Bates (Senior Home Office Presenting Officer)


DECISION AND REASONS

1. This is an appeal against a decision of First-tier Tribunal (‘FTT’) Judge Alis dated 10 June 2016 dismissing the appeal against the SSHD’s decision dated 25 June 2015 to refuse the appellant’s application for a residence card as an extended family member of an EEA national exercising Treaty rights under the Immigration (European Economic Area) Regulations 2006 (as amended) (‘the 2006 Regulations’).

Jurisdiction

2. Both parties before me accepted that Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC) (19 August 2016) makes it clear that the FTT did not have jurisdiction to hear the appeal. That this is so, is explained in detail in the judgment of the Upper Tribunal. Ms Hashimi accepted that in the circumstances she was unable to make any submissions in support of the appeal.

Decision

3. The appellant has no right of appeal. The FTT had no jurisdiction to hear the appeal. It erred in law in doing so.

4. I set aside the decision to dismiss the appeal and substitute a decision that there was no valid appeal before the FTT.



Signed:
Ms M. Plimmer
Judge of the Upper Tribunal

Date:
28 March 2017