United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/07710/2016

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision and Reasons Promulgated
On 29 th January 2018	On 22 March 2018

 

Before

 

UPPER TRIBUNAL JUDGE BRUCE

 

 

Between

 

Stephen Nko Ilekendi

(no anonymity direction made)

Appellant

And

 

Secretary of State for the Home Department

Respondent

 

 

DECISION AND REASONS

 

1.       The Appellant is a national of Nigeria born on the 20 ^th June 1960. On the 20 ^th September 2017 his appeal under the Immigration (European Economic Area) Regulations 2006 was dismissed by the First-tier Tribunal on the grounds that pursuant to the decision in Sala (EFMs: right of appeal) [2016] UKUT 411 (IAC) there was no jurisdiction.

 

2.       Permission to appeal was granted by Upper Tribunal Judge Kebede on the 29 ^th January 2018. Judge Kebede indicated that the Upper Tribunal was minded, following the decision in Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755 to find an error of law and remit the matter for hearing de novo before the First-tier Tribunal. Judge Kebede directed that this would be the final disposal of the matter in the Upper Tribunal unless submissions were received to the contrary within 7 working days of his decision being sent.

 

3.       No such representations having been received I therefore set the decision of the First-tier Tribunal aside and remit the matter for hearing de novo in the First-tier Tribunal.

 

 

Upper Tribunal Judge Bruce

20 ^th March 2018