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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/13648/2016

THE IMMIGRATION ACTS

 

 

Heard at: Manchester Civil Justice Centre	Decision and Reasons Promulgated
On: 4 th June 2019	On: 17 th June 2019

 

 

Before

 

UPPER TRIBUNAL JUDGE BRUCE

 

 

Between

 

Dragan Planinic

(no anonymity direction made)

Appellant

And

 

The Secretary of State for the Home Department

Respondent

 

 

For the Appellant: Mr Wood, Immigration Advice Service (Manchester)

For the Respondent: Mr McVeety, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

1.              The Appellant is a national of Bosnia and Herzegovina born on the 10 ^th August 1960. He appeals with permission the decision of the First-tier Tribunal (Judge D Alty) to dismiss his appeal under the Immigration (European Economic Area) Regulation 2016.

2.              This appeal is settled by consent. Following the decision of the European Court of Justice in Banger v United Kingdom C89/17 the Secretary of State accepts that the Appellant is entitled to a residence card confirming his right of residence as a Surinder Singh partner. The First-tier Tribunal erred in finding otherwise. Following the decisions in Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755 and SM (Algeria) v ECO [2018] UKSC 9 the Secretary of State further accepts that the First-tier Tribunal was wrong to find, in the alternative, that it did not have jurisdiction to consider whether the Appellant qualified as an 'extended family member'.

Decision

3.              The determination of the First-tier Tribunal contains a material error of law and it is set aside.

4.              The decision in the appeal is: "the appeal is allowed".

5.              There is no order for anonymity.

 

 

 

Upper Tribunal Judge Bruce

Dated 4 ^th June 2019