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

Upper Tribunal

Immigration and Asylum Chamber Appeal Number: EA/01873/2016

THE IMMIGRATION ACTS

Before

Upper Tribunal Judge Kekić

Between

Ahsan Rasul

(anonymity order not made)

Appellant

and

Secretary of State for the Home Department

Respondent

Representation

For the Appellant: Mr A Maqsood, of Counsel, instructed by Lamptons Solicitors

For the Respondent: Mr S Walker, Senior Home Office Presenting Officer

Determination and Reasons

Details of appellant and basis of claim

1. The First-tier Tribunal (Judge S J Clarke) found that the Tribunal had no jurisdiction to hear the appellant's appeal against the decision of the respondent to refuse him a residence card as an extended family member under the EEA Regulations. He applied the decision in Sala [2016] UKUT 411 (IAC) in support of his decision.

2. The appellant is a Pakistani national born on 6 July 1987 and his EEA sponsor is his father-in-law. Initially his application for permission to appeal against the Tribunal's decision was refused (on 12 December 2017 by First-tier Tribunal Judge Boyes) but on renewal it was granted by Upper Tribunal Judge Grubb on 22 January 2018. Judge Grubb found that following Khan [2017] EWCA Civ 1755, the First-tier Tribunal had been wrong in law to conclude that it had no jurisdiction. He proposed to set aside the decision and remit the appeal to the First-tier Tribunal unless either of the parties objected within 7 days of that decision.

Consideration

3. The parties confirmed at the hearing before me that they had no objections to the course of action proposed by Upper Tribunal Judge Grubb. As no objections have been raised, I therefore proceed to set aside the determination of the First-tier Tribunal Judge and remit it back to another judge of that Tribunal for a fresh hearing and the re-making of the decision.

Decision

4. The First-tier Tribunal made an error of law. The decision is set aside. The matter is remitted to the First-tier Tribunal for a hearing and for the decision to be re-made.

Anonymity Order

5. I was not asked to make an order for anonymity and see no reason to do so in any event.

Directions

6. All additional documentary evidence relied on by the parties must be filed and served no later than seven working days prior to the hearing.

Signed:

Dr R Kekić

Judge of the Upper Tribunal 

22 March 2018