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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Numbers: EA/08045/2016

EA/08051/2016

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 3 rd April 2018	On 17 th April 2018

 

Before

 

UPPER TRIBUNAL JUDGE MARTIN

 

 

Between

 

mrs jaspreet kaur

Mr Sarabjeet Singh

(ANONYMITY DIRECTION NOT MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr A Rehmen (London Imperial Immigration Services)

For the Respondent: Mr T Melvin (Senior Home Office Presenting Officer)

 

 

DECISION AND REASONS

1.              This is an appeal to the Upper Tribunal by the Appellants in relation to a decision of First-tier Tribunal Judge Griffith decided and promulgated on 25 ^th August 2017 on the papers. The reason for that was because the Appellants had made applications for residence cards as extended family members of a cousin who was married to an EEA national exercising treaty rights in the UK.

2.              At the time the Judge dealt with it the relevant case law was Sala (extended family members - right of appeal) [2016] UKUT 411. That case was a case in the Upper Tribunal finding that extended family members did not have a right of appeal and on that basis the Judge dismissed the appeals for want of jurisdiction. However, we now have the case of Khan [2017] EWCA Civ 1755 by the Court of Appeal decided on 22 ^nd August 2017. That case determined that Sala was wrongly decided and that extended family members do have a right to appeal.

3.              Accordingly, through no fault of the First-tier Tribunal Judge who decided the case the jurisdiction point was wrong and therefore the First-tier Tribunal did have an appeal before it, it is only right that that appeal is determined in the First-tier Tribunal and for that reason the decision is set aside and remitted to the First-tier Tribunal for a full rehearing. It is not clear from the file whether an oral hearing was requested and paid for but no doubt that can be determined in the First-tier Tribunal.

 

Decision

 

The appeal to the Upper Tribunal is allowed to the extent that the First-tier Tribunal's decision is set aside and the matter remitted to the First-tier Tribunal for a full rehearing.

 

No anonymity direction is made.

 

 

Signed Date 13 ^th April 2018

 

Upper Tribunal Judge Martin