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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA028452016 [2018] UKAITUR EA028452016 (1 June 2018)
URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA028452016.html
Cite as: [2018] UKAITUR EA28452016, [2018] UKAITUR EA028452016
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/02845/2016
THE IMMIGRATION ACTS
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No hearing |
Decision & Reasons Promulgated |
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25 May 2018 |
01 June 2018 |
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MD ABUL KALAM AZAD
(ANONYMITY DIRECTION NOT MADE)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
DECISION AND REASONS
Introduction
1. The appellant is a citizen of Bangladesh born on 5 May 1982. He made an application to the Secretary of State for an EEA residence card. The application was refused in a decision dated 24 February 2016, for reasons that I need not set out herein.
Decision of the First-tier Tribunal
2. The appellant lodged an appeal before the First-tier Tribunal. That appeal came before FtT Judge Kelly, who concluded in a decision sent on 23 June 2017, that the First-tier Tribunal did not have jurisdiction to determine the appeal. No findings were made in relation to the substance of the appeal. The Judge's conclusion was informed by the guidance given by this Tribunal in Sala [2016] UKUT 411.
3. The appellant appealed such decision to the Upper Tribunal and FtT Judge Mailer granted permission in a decision sent on 19 April 2018. Thus, the matter comes before me.
Discussion
4. The Court of Appeal has now given consideration to the very issue in play in the instant case - see Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755. The Court concluded that the Upper Tribunal had been wrong in its conclusion and rationale in Sala. It is not in dispute that the effect of the decision in Khan, if applied to this case, is that the First-tier Tribunal was wrong to conclude that it did not have jurisdiction in this appeal.
5. For this reason, I set aside the decision of the First-tier Tribunal and remit the appeal back to the First-tier Tribunal to be heard afresh.
Decision
The decision of the First-tier Tribunal is set aside.
The appeal is remitted to the First-tier Tribunal.
Signed: Dated: 25 May 2018
Upper Tribunal Judge O'Connor