IA/27960/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/27960/2015

THE IMMIGRATION ACTS

Decided at Field House
Decision Promulgated
On 1 March 2017
On 7 March 2017



Before

Upper Tribunal Judge Southern

Between

MUHAMMAD NABEEL
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT


Respondent

Representation:

For the Appellant: Mr Z. Nasim, counsel
For the Respondent: Mr T. Melvin, Senior Home Office Presenting Officer

DECISION

1. This appeal was listed before me on 7 February 2017 when I received oral submissions from both parties. By a decision dated 10 February 2017, sent to the parties on 14 February 2017, I found that the First-tier Tribunal judge had made a material error of law such as to require that his decision must be set aside. At paragraph 16 of my decision I said this:

“It is my provisional view, subject to any written submissions received from the respondent within 14 days of the date upon which this decision is sent out, that this material, taken together with everything previously relied upon, is sufficient to establish that the appellant’s EEA national sponsor is exercising Treaty rights, the consequence being that the appellant is entitled to be issued with a residence card in recognition of a right of residence as the family member of an EEA national. If no written submissions are received to the contrary within that time period, I propose to issue a fresh decision to allow the appeal. If the respondent does not agree with the provisional view I have set out above, and files such written submissions, the appeal will be listed before the Upper Tribunal for a substantive hearing.”

2. No written submissions have been received from either party. Therefore, I make a fresh decision to allow the appeal.

Summary of decision:

3. First-tier Tribunal Judge Malcom made a material error of law and his decision shall be set aside.

4. I substitute a fresh decision to allow the appellant’s appeal against refusal to issue a residence card.


Signed

Upper Tribunal Judge Southern

Date: 1 March 2017