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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA005422016 [2018] UKAITUR EA005422016 (26 February 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA005422016.html Cite as: [2018] UKAITUR EA5422016, [2018] UKAITUR EA005422016 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/00542/2016
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
DEPUTY UPPER TRIBUNAL JUDGE CHAPMAN
Between
mr BESHEL PLACIPUS IKWEN
(ANONYMITY DIRECTION not made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: In person
For the Respondent: Mr. T. Melvin, Home Office Presenting Officer
DECISION AND REASONS
1. The Appellant is a national of Nigeria, born on 14.2.76. He applied for a residence card as confirmation of a right to reside in the United Kingdom as a person in a durable relationship with an EEA national. This application was refused by the Respondent in a decision dated 24.12.15, with reference to regulation 8(5) and 17(4) of the Immigration (EEA) Regulations 2006.
2. His appeal came before First tier Tribunal Judge Cameron for hearing on the papers on 24.4.17. The Judge took account of the decision in Sala (EFMs: right of appeal) [2016] UKUT 411 (IAC) and found there was no right of appeal and proceeded to dismiss the appeal for want of jurisdiction.
3. An application for permission to appeal was made by the Appellant, who is unrepresented, two days out of time. In a decision dated 10.1.18, Judge of the First tier Tribunal Osborne extended time, in the interests of justice and granted permission to appeal on the basis that the decision in Sala (op cit) had been overturned and the Appellant is entitled to have his appeal re-listed.
4. No rule 24 response was filed by the Respondent but, at the hearing before me, Mr Melvin accepted that in light of the decision in Khan [2017] EWCA Civ 1755, Sala had been wrongly decided and the appropriate course was for the appeal to be remitted back to the First tier Tribunal for a substantive hearing.
Decision
5. In light of a material change in the jurisprudence, the decision of First tier Tribunal Judge Cameron contains a material error of law viz that he had no jurisdiction to hear the appeal in light of the decision in Sala (op cit).
6. I remit the appeal for a substantive hearing before the First tier Tribunal.
Rebecca Chapman
Deputy Upper Tribunal Judge Chapman
22 February 2018
