IA/25606/2015

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The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/25606/2015

THE IMMIGRATION ACTS

Heard at Manchester Piccadilly
Decision and Reasons Promulgated
On 9.12.2016
On 12.12.2016


Before
DEPUTY UPPER TRIBUNAL JUDGE BIRRELL

Between
SANJRANI SHAH FAISAL
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Unrepresented
For the Respondent: Mr G Harrison Senior Home Office Presenting Officer

DECISION AND REASONS
Introduction
1. I have considered whether any parties require the protection of an anonymity direction. No anonymity direction was made previously in respect of this Appellant. Having considered all the circumstances and evidence I do not consider it necessary to make an anonymity direction.
2. The Appellant was born on 25 February 1973 and is a national of Pakistan.
3. The Appellant came to the UK as a student in 2011. His leave was extended in 2013. On 2 December 2014 his leave was curtailed and expired on 3 February 2015.
4. On 13 February 2015 he applied for a residence card as an extended family member of an EEA citizen namely Constantina Ioana Dobaccan on the basis that they were in a durable relationship and his application was refused in a letter dated 30 June 2015.
5. The Appellant appealed against the decision of First-tier Tribunal Judge Aspden which was promulgated on 25 January 2016 and dismissed the Appellant's appeal against a refusal of a residence card as conformation of his right to reside in the UK. He was granted permission to appeal that decision on 1 July 2016 and on 30 September 2016 I found an error of law in the Judges decision and adjourned the case to be reheard before me.
6. However the case of Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC) has since been drawn to my attention. In that case it was decided 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. This Appellant claimed to be in a durable relationship with an EEA national and therefore his claim for a Residence Card was based on his claim to be an extended family member of the EEA national. Sala makes clear there was no right of appeal against that decision.
Conclusion
7. The Appellant has no right of appeal.
8. There is no valid appeal before the Upper Tribunal

Signed Date 9.12.2016


Deputy Upper Tribunal Judge Birrell