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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/09289/2016

THE IMMIGRATION ACTS

Before

DEPUTY UPPER TRIBUNAL JUDGE BAGRAL

Between

KARRAR MAHMOOD

(ANONYMITY DIRECTION NOT MADE)

Appellant

and

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation :

For the Appellant: None (attendance excused)

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

DECISION AND REASONS

Introduction

1.              This is the Appellant's appeal against the decision of First-tier Tribunal Judge S J Walker who in a decision promulgated on 13 September 2017 dismissed his appeal against a decision of the Respondent refusing to issue a residence card to the Appellant as an extended family member under the Immigration (European Economic Area) Regulations 2006.

2.              I do not need to set out the background to this case because the parties agree that the decision of Judge Walker cannot stand for the reasons given below.

3.              The First-tier Tribunal concluded that it had no jurisdiction to entertain the appeal following the case of Sala (EFMs: Right of Appeal) [2016] UKUT 411.

4.              In the light of Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755, the First-tier Tribunal was wrong in law to conclude that it did not have jurisdiction to hear the appeal.

5.              I therefore set aside the decision of the First-tier Tribunal, pursuant to section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007. I remit the case to the First-tier Tribunal at Taylor House for a hearing of the Appellant's appeal on a date to be notified.

Decision

The Appellant's appeal against the decision of the First-tier Tribunal is allowed. The appeal is remitted to the First-tier Tribunal at Taylor House to be heard on the next available date by a judge other than Judge S J Walker.

Signed Date: 22 March 2018

Deputy Upper Tribunal Judge Bagral