IA/34558/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/34558/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 9th April 2018
On 2nd May 2018



Before

DEPUTY UPPER TRIBUNAL JUDGE SAINI


Between

mr anand jayant katdhare
(ANONYMITY DIRECTION not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: No appearance; attendance excused
For the Respondent: Mr C Avery, Senior Presenting Officer


DECISION AND DIRECTIONS
1. By a decision promulgated on 9th February 2018, Upper Tribunal Judge Kekic granted permission to appeal the decision of Designated First-tier Tribunal Judge Shaerf promulgated on 24th April 2017 on the basis that the judge was arguably wrong in law to have concluded that he did not have jurisdiction to hear the appeal. That conclusion was based on the Upper Tribunal's decision in Sala (EFM; Right of Appeal) [2016] UKUT 00411.
2. In the case of Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755 the Court of Appeal held that Sala was wrongly decided. Judge Kekic concluded that in the light of Khan, it was arguable that the decision was no longer legally sustainable.
3. The Supreme Court in the case of SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 held that Khan was correctly decided and that Sala should be overruled.
4. The appeal has been listed before me for hearing in the Upper Tribunal, but in light of the Court of Appeal's judgment in Khan and the Supreme Court's judgment in SM, the Senior Presenting Officer had accepted that an error of law does appear in the decision, and accordingly I set aside the decision and remit the appeal to the First-tier Tribunal.
5. No anonymity direction is made.
Direction
6. The appeal is to be remitted to the First-tier Tribunal for a hearing de novo on all issues.

Signed Date 02 May 2018

Deputy Upper Tribunal Judge Saini