IA/47197/2014

• Status of case: Unreported
• Hearing date: 21 Sep 2016
• Promulgation date: 31 Oct 2016
• Publication date: 15 Apr 2020
• Last updated on: 15 Apr 2020

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: ia/47197/2014


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 21 September 2016
On 31 October 2016



Before

UPPER TRIBUNAL JUDGE ALLEN


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

Ali Raza khan
(anonymity direction NOT MADE)
Respondent


Representation:
For the Appellant: Mr S Bellara of Counsel
For the Respondent: Ms A Brockesby-Weller


DECISION AND REASONS

1. The respondent Mr Khan, to whom I shall refer hereafter as the appellant as he was before the judge, appealed to the First-tier Tribunal against the respondent's decision of 14 November 2014 refusing to issue him with a residence card as an extended family member of his partner Ms Zulangel. The judge allowed the appeal. The Secretary of State sought and was granted permission to appeal against that decision on the basis that as she had not applied her discretion in this case the correct course of action would be to allow the appeal owing to the extent that it was not in accordance with the law and remit it back to her in order that she might consider the exercise of her discretion.

2. In the interim a panel of the Upper Tribunal consisting of the Vice President and Upper Tribunal Judge had promulgated a decision in Sala [2016] UKUT 411 (IAC) in which it was held that a person who is refused a residence card as an extended family member under the Immigration (EEA) Regulations 2006 has no right of appeal to the First-tier Tribunal under Regulation 26 of those Regulations. In the light of that Mr Bellara, who appeared on behalf of the appellant, argued that it may be that in light of the basis upon which permission was granted it would be appropriate for the matter to be sent back to the Secretary of State to reconsider. He accepted that Ms Brockesby-Weller, who appeared on behalf of the Secretary of State, was of the view that the appeal fell to be dismissed outright.

3. I stated that I would follow the decision in Sala and that as a consequence there was no jurisdiction in the First-tier Tribunal Judge to hear the appeal. The disposal of this case is that the decision to allow the appeal is set aside and for it is substituted a decision that there was not a valid appeal before the First-tier Tribunal.

No anonymity direction is made.


Signed Date

Upper Tribunal Judge Allen 31 October 2016