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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/03763/2017

 

THE IMMIGRATION ACTS

 

Heard at Field House	Determination Promulgated
On 5 th October 2018	On 11 th October 2018

 

Before

 

UPPER TRIBUNAL JUDGE COKER

 

Between

 

ADEEL ANWAR

Appellant

And

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation :

 

For the Appellant: Mr K Ahmed

For the Respondent: Ms Z Kiss

 

 

DETERMINATION AND REASONS

 

 

1.          The appellant's appeal against the First-tier Tribunal decision that it did not have jurisdiction to determine his appeal against a decision of the respondent dated 18 ^th February 2017 refusing him a family permit must fail.

 

2.          Although there were errors in the decision of the respondent, the respondent cannot grant a statutory right of appeal where one does not exist. The First-tier Tribunal and the Upper Tribunal are creatures of statute and cannot determine a statutory appeal where one does not exist.

 

3.          In this case, the decision to refuse the appellant's application for a family permit was taken under the Immigration (European Economic Are) Regulations 2016; there is no right of appeal against such decisions.

 

4.          There is no material error of law in the First-tier Tribunal decision.

 

Conclusions:

 

The making of the decision of the First-tier Tribunal did not involve the making of an error on a point of law.

 

I do not set aside the decision; the decision of the First-tier Tribunal stands.

 

Date 5 ^th October 2018

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Upper Tribunal Judge Coker