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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA093722016 [2018] UKAITUR EA093722016 (5 July 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA093722016.html Cite as: [2018] UKAITUR EA93722016, [2018] UKAITUR EA093722016 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/09372/2016
THE IMMIGRATION ACTS
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Decision & Reasons Promulgated |
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On 05 July 2018 |
Before
UPPER TRIBUNAL JUDGE O'CONNOR
Between
MUDDASSAR RIAZ
(ANONYMITY NOT MADE)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
DECISION AND REASONS
Introduction
1. The appellant is a citizen of Pakistan, born 08.08.1996. He made an application to the Secretary of State for an EEA family permit. The application was refused in a decision dated 14.07.2016, for reasons that I need not set out herein.
Decision of the First-tier Tribunal
2. The appellant lodged an appeal before the First-tier Tribunal. That appeal came before First-tier Tribunal Judge Swaniker, who concluded in a decision sent on 13.09.2017, that the appellant had no statutory right of appeal and that the First-tier Tribunal did not have jurisdiction to determine the appeal. The Judge's conclusion was informed by the guidance given by this Tribunal in Sala [2016] UKUT 411.
3. The appellant appealed such decision to the Upper Tribunal and First-tier Tribunal Judge Alis granted permission, in a decision sent on 24.04.2018.
Directions by Upper Tribunal
4. In a notice of decision sent on 31.05.2018, Upper Tribunal Judge Blum indicated that the Upper Tribunal was minded to find an error of law, set aside the decision of the First-tier Tribunal and remit the case to the First-tier Tribunal. If either of the parties was opposed to this course they were directed to inform the Tribunal in writing (giving reasons), not later than 7 days from the date these Directions were sent. Following that period, the parties were informed that the Upper Tribunal would issue its decision.
5. The Upper Tribunal has not received any relevant correspondence from either party within the stipulated timeframe.
Discussion
6. The Court of Appeal has now given consideration to the very issue in play in the instant case - see Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755. The Court concluded that the Upper Tribunal had been wrong in its conclusion and rationale in Sala. It is not in dispute that the effect of the decision in Khan, if applied to this case, is that the First-tier Tribunal was wrong to conclude that it did not have jurisdiction in this appeal.
7. For this reason, I set aside the decision of the First-tier Tribunal and remit the appeal back to the First-tier Tribunal to be heard afresh.
Decision
The decision of the First-tier Tribunal is set aside.
The appeal is remitted to the First-tier Tribunal.
Signed: Dated: 04.07.2018
Upper Tribunal Judge O'Connor
