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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 >> EA066692016 [2018] UKAITUR EA066692016 (26 February 2018)
URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA066692016.html
Cite as: [2018] UKAITUR EA66692016, [2018] UKAITUR EA066692016
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/06669/2016
THE IMMIGRATION ACTS
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Heard at Field House |
Decision & Reasons Promulgated |
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On 22 February 2018 |
On 26 February 2018 |
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Before
UPPER TRIBUNAL JUDGE GLEESON
Between
Sheikh Mohammed Monir Sheikh
[NO ANONYMITY ORDER]
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the appellant: Mr Erum Wahid, Counsel instructed by Universal Solicitors
For the respondent: Ms Alex Everett, a Senior Home Office Presenting Officer
DECISION AND REASONS
1. The appellant appeals with permission against the decision of the First-tier Tribunal dismissing his appeal against refusal of an EEA extended family member residence card, for lack of jurisdiction. The appellant is a citizen of Bangladesh.
2. The decision of the First-tier Tribunal was based on the Upper Tribunal's decision in Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) that there was no right of appeal to the First-tier Tribunal for extended family members under the Immigration (European Economic Area) Regulations 2006 (as amended).
3. The Court of Appeal in Khan v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1755 held that the Upper Tribunal erred in so finding and that an extended family member has a right of appeal. The Supreme Court in SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 at [37]-[38] approved that interpretation.
4. It follows that the decision in this appeal must be set aside and the appellant should have the benefit of a full First-tier Tribunal hearing on the merits. A Bengali interpreter will be required.
DECISION
5. For the foregoing reasons, my decision is as follows:
The making of the previous decision involved the making of an error on a point of law.
I set aside the previous decision. The decision in this appeal will be remade in the First-tier Tribunal on a date to be fixed.
Date: 22 February 2018 Signed Judith AJC Gleeson
Upper Tribunal Judge Gleeson