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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal no: ea/ 00988/2016

THE IMMIGRATION ACTS

Before:

Upper Tribunal Judge John FREEMAN and

deputy Upper Tribunal Judge Satvinder JUSS

Between:

Prasantha SUBRAMANIAM

appellant

and

respondent

Representation :

For the appellant: Adeel Malik (counsel instructed by Ratna & Co)

For the respondent: Mr S Kotas

DECISION AND REASONS

This is an appeal, by the , against the decision of the First-tier Tribunal (Upper Tribunal Judge Christine Martin, sitting as a first-tier judge at Manchester on 2 May 2017), to for want of jurisdiction an EEA extended family member appeal by a citizen of Sri Lanka, born 1986.

2.         The decision under appeal was based on Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC) . As that decision was disapproved in Mohd. Yasir Khan & another [2017] EWCA Civ 1755, the parties are agreed that the appeal will have to be heard afresh in the First-tier Tribunal. Since the appellant lives in Ilford, that will be at Taylor House.

Appeal : decision set aside

Fresh hearing before any first-tier judge

(a judge of the Upper Tribunal)

Date: 01 March 2018