IA/29850/2015

  • 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/29850/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reason Promulgated:
On 17 November 2016
On 5th December 2016


Before

UPPER TRIBUNAL JUDGE GLEESON


Between


THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant
and

OMOBOLAJI TOLUWANI OPAYEMI
[NO ANONYMITY ORDER]
Respondent


Representation:
For the appellant: Mr E Tufan, a Senior Home Office Presenting Officer
For the respondent: No appearance or representation


DECISION AND REASONS
1. The Secretary of State appeals with permission against the decision of the First-tier Tribunal to allow the claimant's appeal against her decision to refuse to exercise discretion and grant the claimant an extended family member residence permit, as the dependant of an EEA citizen, his aunt, who is a citizen of the Netherlands, albeit incorrectly described in the First-tier Tribunal decision as a Polish citizen.
2. Applying the decision of the Upper Tribunal in Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC):
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.
3. The appellant therefore has no right of appeal.

DECISION
The First-tier Tribunal had no jurisdiction to hear the appeal. It erred in law in doing so.
I set aside the decision of the First-tier Tribunal and substitute a decision that there is no valid appeal.


Date: 2 December 2016 Signed Judith AJC Gleeson Upper Tribunal Judge Gleeson