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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/07578/2016

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 9 January 2018	On 30 January 2018

 

 

Before

 

DR H H STOREY

JUDGE OF THE UPPER TRIBUNAL

 

Between

 

mr Mohammad Monirul Islam

(ANONYMITY DIRECTION NOT MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

 

Representation :

 

For the Appellant: Mr M T Bin Aziz, Legal Representative, JS Solicitors

For the Respondent: Mr C Avery, Home Office Presenting Officer

 

 

DECISION AND REASONS

 

 

1. In a decision sent on 7 September 2017 Judge Griffith of the First-tier Tribunal (FtT) dismissed the appeal for want of jurisdiction by reference to the reported decision of the Upper Tribunal, Sala (Extended family members - right of appeal) [2016] UKUT. At the time the grounds were drafted Sala was awaiting hearing in the Court of Appeal. Since then, of course, the Court of Appeal has handed down judgment in Khan [2017] EWCA Civ 1755 overturning Sala.

 

2. Both parties are in agreement with me that the result of these developments should be that the case is remitted to the FtT for it to make a substantive decision in the appellant's appeal against the respondent's refusal of a residence card dated 9 June 2016.

 

3. The FtT Judge's decision cannot stand in the light of binding authority concluding that extended family members do have a right of appeal. Accordingly I set aside that decision for material error of law.

 

4. The case is remitted to the FtT to be heard afresh on the basis that it does have jurisdiction.

 

 

No anonymity direction is made.

 

 

 

Signed: Date: 28 January 2018

 

Dr H H Storey

Judge of the Upper Tribunal