Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/27623/2014

THE IMMIGRATION ACTS

Heard at Field House
Promulgated
On November 9, 2016
On November 11, 2016

Before

DEPUTY UPPER TRIBUNAL JUDGE ALIS

Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

MS IRYNA PALMER
(NO ANONYMITY DIRECTION MADE)
Respondent

Representation:
Appellant Mr Parminder-Singh (Home Office Presenting Officer)
Respondent In person

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 Ukraine. The appellant entered the United Kingdom on an unknown date and was issued a residence card on October 15, 2010 based on her marriage to an EEA national. Her marriage to her husband was dissolved on February 25, 2013.
4. On May 16, 2014 she applied for a residence card based on the fact she was the former spouse of an EEA national. The respondent refused her application on June 16, 2014. Her residence card was revoked at the same time.
5. The appellant appealed that decision on July 1, 2014 under Regulation 26 of the Immigration (European Economic Area) Regulations 2006 and Section 82(1) of the Nationality, Immigration and Asylum Act 2002 and her appeal came before Judge of the First-tier Tribunal Shergill (hereinafter referred to as "the Judge") on April 5, 2016. In a decision promulgated on April 19, 2016 the Judge dismissed the appeal under the 2006 Regulations but allowed her appeal on article 8 grounds.
6. The respondent appealed the Judge's decision on April 29, 2016 and permission to appeal was granted by Judge of the First-tier Tribunal Lever on September 8, 2016.
7. The matter came before me on the above date.
PRELIMINARY ISSUES
8. As per the grounds of appeal I pointed out to the appellant the decisions of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 00466 and TY (Sri Lanka) v SSHD [2015] EWCA Civ 1233 made it clear the Judge had no jurisdiction to deal with any article 8 claim on an EEA application.
9. In the circumstances I was left with no option but to allow the respondent's appeal.
DECISION
10. The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
11. The appellant has no right of appeal on human rights grounds. The First-tier Tribunal had no jurisdiction to hear the appeal. It erred in law in doing so.
12. I set aside the decision to allow the appeal and substitute a decision that there was no valid human rights 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