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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/03432/2016

THE IMMIGRATION ACTS

Before

DEPUTY UPPER TRIBUNAL JUDGE SHERIDAN

Between

Mr Mayooran Karunakaran

(ANONYMITY DIRECTION not made)

Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation :

For the Appellant: Ms R Popal, Counsel, instructed by Amirthan & Suresh Solicitors

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

DECISION AND REASONS

1.              The appellant is a citizen of Sri Lanka born on 27 November 1983 whose application for a residence card as an extended family member of an EEA national exercising treaty rights was refused on 3 March 2016. The appellant's subsequent appeal to the First-tier Tribunal was heard by Judge McCarthy.

2.              In a decision promulgated on 8 February 2017 the judge, applying the Upper Tribunal decision in Sala (EFMs) [2016] UKUT 411, dismissed the appeal for want of jurisdiction.

3.              Before me both parties were in agreement that in light of the recent Court of Appeal decision Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755 it was an error of law to find that there was no jurisdiction to hear the appeal. I agree.

4.              As no findings were made by the First-tier Tribunal on the substantive issues the matter will need to be remitted to the First-tier Tribunal to be heard afresh.

Notice of Decision

(1)           The decision of the First-tier Tribunal contains a material error of law and is set aside.

(2)           The appeal is remitted to the First-tier Tribunal to be heard before a judge other than First-tier Tribunal Judge McCarthy.

(3)           No anonymity direction is made.