BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
||
|
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA016302016 [2017] UKAITUR EA016302016 (22 August 2017) URL: http://www.bailii.org/uk/cases/UKAITUR/2017/EA016302016.html Cite as: [2017] UKAITUR EA16302016, [2017] UKAITUR EA016302016 |
||
[New search] [Printable PDF version] [Help]
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/01630/2016
THE IMMIGRATION ACTS
|
Heard at Bradford |
Determination Promulgated |
|
On 14 th July, 2017 |
On 22 nd August, 2017 |
|
|
|
Before
Upper Tribunal Judge Chalkley
Between
Mr Syed Muminur Rahman
(ANONYMITY DIRECTION NOT MADE )
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Mr M Chaudhry of KC Solicitors
For the Respondent: Mrs R Pettersen, a Senior Home Office Presenting Officer
DETERMINATION AND REASONS
1. The appellant is a citizen of Bangladesh born on 17 th September, 1989.
2. On 26 th September, 2016 the respondent decided to refuse to issue a residence card as confirmation of a right of residence under European Community law as the extended family of an EEA national exercising treaty rights in the United Kingdom to the appellant. The appellant appealed and his appeal was heard by First-tier Tribunal Judge E Fowell on 21 st November, 2016.
3. The First-tier Tribunal Judge concluded that the First-tier Tribunal had no relevant jurisdiction to hear the appellant's appeal following the decision of the Upper Tribunal in Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC). As a result the judge felt that since there was no jurisdiction he had no need to prepare a determination for promulgation by the First-tier Tribunal.
4. Dissatisfied with the judge's decision and relying on LO (Partner of EEA national) Nigeria [2009] UKAIT 00034, the appellant sought permission to appeal the judge's decision.
5. Notwithstanding the fact that the First-tier Tribunal had not issued a determination leave was granted on the basis that, " it is on balance arguable that it is appropriate for the matter to proceed for hearing in the Upper Tribunal as an appeal rather than being required to progress by way of judicial review."
6. I explained to Mr Chaudhry that the First-tier Tribunal Judge had concluded that he had no jurisdiction to hear the appellant's appeal and given the decision of the Upper Tribunal in Sala (EFMs: right of appeal) [2016] UKUT 411 (IAC), and that the Vice President of the Upper Tribunal was on the panel in both the case of Sala and LO, Sala represents the Tribunal's current thinking. Mr Chaudhry argued that the decision of the Tribunal in LO was a correct statement of law and that the decision in Sala was wrong. He confirmed that he had nothing further to add.
7. Given the decision of the Tribunal in Sala, which represents the Upper Tribunal's current thinking, I have concluded that the First-tier Tribunal Judge did not err in concluding that he had no jurisdiction.
Notice of Decision
The appeal is dismissed.
No anonymity direction is made.
Richard Chalkley
Upper Tribunal Judge Chalkley
TO THE RESPONDENT
FEE AWARD
There is no fee payable.
Richard Chalkley
Upper Tribunal Judge Chalkley
