OA/07727/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/07727/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On the papers
On 22 January 2018




Before

UPPER TRIBUNAL JUDGE JACKSON


Between

bose cecilia oguinbayo
(ANONYMITY DIRECTION not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent




DECISION AND REASONS

1. The Appellant appeals against the decision of First-tier Tribunal Judge Parker re-promulgated on 22 May 2017 in which the Appellant's appeal against the decision to refuse her entry clearance as an EEA family member was disposed of on the basis that there was no jurisdiction to hear such an appeal.
2. In light of Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755, the First-tier Tribunal granted permission to appeal on the basis that it was arguably wrong in law to have concluded that it did not have jurisdiction to hear the appeal.
3. The parties in this case both accept that the First-tier Tribunal erred in law for the reasons set out in Khan, that the decision should be set aside and the appeal remitted to the First-tier Tribunal. The Respondent therefore requested that the appeal be dealt with under rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008.
4. I am satisfied that the First-tier Tribunal's decision involved an error of law and that the parties have appropriately consented to the disposal of the appeal before the Upper Tribunal in the way identified. For the reasons set out in Khan, the First-tier Tribunal does have jurisdiction to determine the appeal and therefore the decision to the contrary of Judge Parker is set aside and it is appropriate that the matter be remitted to the First-tier Tribunal to allow substantive consideration of the appeal.

Notice of Decision

The making of the decision of the First-tier Tribunal did involve the making of a material error of law. As such it is necessary to set aside the decision.

I set aside the decision of the First-tier Tribunal and remit the appeal to the First-tier Tribunal.

No anonymity direction is made.



Signed Date 19th January 2018

Upper Tribunal Judge Jackson