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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/00974/2016

THE IMMIGRATION ACTS

Before

UPPER TRIBUNAL JUDGE BRUCE

Between

Muhammad Mujahid

(no anonymity direction made)

Appellant

And

Secretary of State for the Home Department

Respondent

DECISION AND REASONS

1.              The Appellant is a national of Pakistan born on the 3 ^rd October 1989. On the 21 ^st February 2017 his appeal under the Immigration (European Economic Area) Regulations 2006 was dismissed by the First-tier Tribunal on the grounds that pursuant to the decision in Sala (EFMs: right of appeal) [2016] UKUT 411 (IAC) there was no jurisdiction.

2.              Permission to appeal was granted by Upper Tribunal Judge O'Connor on the 18 ^th December 2017. Judge O'Connor indicated that the Upper Tribunal was minded, following the decision in Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755 to find an error of law and remit the matter for hearing de novo before the First-tier Tribunal. Judge O'Connor directed that this would be the final disposal of the matter in the Upper Tribunal unless submissions were received to the contrary within 7 working days of his decision being sent.

3.              No such representations having been received I therefore set the decision of the First-tier Tribunal aside and remit the matter for hearing de novo in the First-tier Tribunal.

Upper Tribunal Judge Bruce

20 ^th March 2018