Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/29334/2009

THE IMMIGRATION ACTS

Heard at Field House
Decision and Reasons Promulgated
On 31 January 2017
On 16 February 2017

Before

MR C M G OCKELTON, VICE PRESIDENT
UPPER TRIBUNAL JUDGE ALLEN

Between

EMILIA AMANDA THEOPHILUS

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Mr A Chakmakjian, instructed by Irving & Co Solicitors.
For the Respondent: Mr C Avery, Senior Home Office Presenting Officer.

DECISION AND REMITTAL

1. As its file number shows, this appeal has a long history. Most recently there has been substantial delay because the appellant, having on 16 May 2011 obtained an Order of the Court of Appeal remitting the appeal to this Tribunal for recommendation, failed to serve the Order on the Tribunal or take any other steps to pursue the appeal.

2. In the mean time the Appellant made a further application to the Secretary of State. That application was refused and is the subject of an appeal to the First-tier Tribunal, awaiting substantive hearing. The issues in this appeal and that one are in substance similar if not identical.

3. It is clearly appropriate for the two appeals to be dealt with together if possible. In the circumstances and with the consent of the parties, we find an error of law in the decision of the First-tier Tribunal insofar as it depended on interpretation of the applicable EEA Regulations. We set it aside. We remit it to the First-tier Tribunal for a fresh hearing.

4. We direct that the fresh hearing of this appeal be conducted jointly with the hearing of the appellant's other appeal, file number HU/09374/2015. It will be for the First-tier Tribunal to consider what (if any) other procedural decisions and directions are to be made.

C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 10 February 2017