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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 >> EA096062016 [2018] UKAITUR EA096062016 (9 March 2018)
URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA096062016.html
Cite as: [2018] UKAITUR EA096062016, [2018] UKAITUR EA96062016
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/09606/2016
THE IMMIGRATION ACTS
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On the papers |
Decision & Reasons Promulgated |
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On 9 March 2018 |
On 9 March 2018 |
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Before
UPPER TRIBUNAL JUDGE FRANCES
Between
MOHAMMED RADIBUR RAHMAN
(anonymity direction NOT MADE )
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
DECISION AND REASONS
1. The Appellant's appeal against the refusal of a residence card as confirmation of rights of residence as an extended family member under the Immigration (EEA) Regulations 2006 was dismissed by First-tier Tribunal Judge I M Scott for want of jurisdiction.
2. Permission to appeal was granted by the First-tier Tribunal on 26 February 2018 on the ground it was arguable the judge erred in law: Sala (EFMs: right of appeal [2016] UKUT 411 (IAC) and Khan v SSHD [2017] EWCA Civ 1755.
3. I find that there is an error of law in the decision of First-tier Tribunal Judge I M Scott promulgated on 12 September 2017 and I set it aside. I remit the case to the First-tier Tribunal to reconsider the appeal.
J Frances
Signed Date 9 March 2018
Upper Tribunal Judge Frances