Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/01305/2019
THE IMMIGRATION ACTS
Determined at Manchester Civil Justice Centre |
Decision & Reasons Promulgated | |
On 28 October 2019 |
On 07 November 2019 | |
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Before
UPPER TRIBUNAL JUDGE RINTOUL
Between
ARSLAN YOUSAF KHAN
(ANONYMITY ORDER NOT MADE)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
For the appellant: Ms Hashmi, instructed by Mamoon Solicitors
For the respondent: Mr McVeety, Senior Home Office Presenting Officer
DECISION MADE PURSUANT TO RULES 34, 39 & 40 (3) OF THE
TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008
2. I am satisfied the Judge erred in failing to consider whether the appellant satisfied reg 8 of the Immigration (European Economic Area) Regulations 2016. ("the EEA Regulations"). That, however, was the substantive issue in dispute. On that basis, it was agreed that the decision involved the making of an error of law and had to be set aside.
Notice of Decision
1. The decision of the First-tier Tribunal involved the making of an error of law and is set aside.
2. By consent, the appeal is allowed to the extent that, regulation 8(2) of the Immigration (EEA) Regulations 2006 is satisfied and it is now for the respondent to consider whether or not to exercise her discretion to issue the appellant with a residence card pursuant to reg 17.
Signed Date: 28 October 2019
Upper Tribunal Judge Rintoul