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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/00339/2018

THE IMMIGRATION ACTS

Before

UPPER TRIBUNAL JUDGE LANE

Between

KENNETH PITCH DUNCALFE

(ANONYMITY DIRECTION NOT MADE)

Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation :

For the Appellant: Ms Frantzis, instructed by Freeths LLP

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

DECISION AND REASONS

1.              The appellant is a citizen of Canada. He appeals against a decision of the First-tier Tribunal promulgated on 12 July 2018 dismissing his appeal against a decision of the Secretary of State dated 7 December 2017 refusing his application for a residence card as the family member of Doreen May Smith, a British citizen.

2.              Mr Diwnycz, who appeared for the Secretary of State, told me that, in light of the decision in Banger [2018] EUECJ C-89/17, that the respondent now accepted that the judge had erred in law. He further acknowledged that the decision should now be remade allowing the appeal.

Notice of Decision

3.              The decision of the First-tier Tribunal promulgated on 12 July 2018 is set aside. I have remade the decision. The appellant's appeal against the decision of the Secretary of State dated 7 December 2017 is allowed.

Signed Date 5 December 2018

Upper Tribunal Judge Lane