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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/01814/2016

 

THE IMMIGRATION ACTS

 

 

Heard at: UT(IAC) Birmingham Decision & Reasons Promulgated

On: 03 September 2018 On: 10 September 2018

 

 

Before

 

UPPER TRIBUNAL JUDGE KEBEDE

 

 

Between

 

fatou sylla

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: In Person

For the Respondent: Mrs H Aboni, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1.       The appellant, a national of Guinea born on 15 December 1986, appealed against the respondent's decision to refuse to issue her with a residence card under the Immigration (European Economic Area) Regulations 2006 ("the EEA Regulations") as the extended family member (partner) of an EEA national .

 

2.       In a decision promulgated on 13 January 2017, Designated First-tier Tribunal Judge McCarthy dismissed the appeal for want of jurisdiction on the basis that the appellant did not have a right of appeal for the reasons given in the case of Sala ( EFMs: Right of Appeal ) [2016] UKUT 411 . The appellant sought permission to appeal against that decision and on 7 December 2017 permission was granted in the Upper Tribunal in light of the judgment in Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755, overturning Sala.

 

3.       In granting permission the Upper Tribunal indicated that it 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. Neither party raised any objection to that course, but for some reason the appeal was listed for hearing.

 

4.       Following the agreement of the parties I set aside the decision of Judge McCarthy and have remitted the case to the First-tier Tribunal.

 

DECISION

 

5.       The making of the decision of the First-tier Tribunal involved the making of an error on a point of law. The decision is set aside. The appeal is remitted to the First-tier Tribunal, to be dealt with afresh, pursuant to section 12(2)(b)(i) of the Tribunals, Courts and Enforcement Act 2007 and Practice Statement 7.2(b), before any judge aside from Judge McCarthy .

 

Signed

Upper Tribunal Judge Kebede Dated: 5 September 2018