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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/23645/2015

 

THE IMMIGRATION ACTS

 

Heard at Field House	Decision & Reasons Promulgated
On 8 th March 2018	On 4 th April 2018

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE D E TAYLOR

 

Between

 

muhammad hafeez

(ANONYMITY DIRECTION not made)

Appellant

 

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

 

For the Appellant: Mr J Komolafe, Solicitor of Stella Maris Solicitors

For the Respondent: Mr S Walker, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1.              This is the appellant's appeal against the decision of Judge Hanes made following a hearing at Taylor House on 17 ^th November 2016.

2.              The appellant had applied for a residence card as a confirmation of a right to reside in the UK as the extended family member of an EEA national but was refused on 11 ^th March 2015. The judge concluded following the decision in Sala (EFMs: Right of appeal: Albania) [2016] UKUT 411 that there was no statutory right of appeal against the decision of the Secretary of State and dismissed the appeal for want of jurisdiction.

3.              The appellant made an out-of-time application to challenge Judge Hanes's decision and was given permission to do so by Judge Ford in a decision dated 20 ^th December 2017.

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

Notice of Decision

 

Accordingly the decision of Judge Hanes is set aside. The appeal will be re-heard by a judge other than Judge Hanes at Taylor House on a date to be notified.

 

No anonymity direction is made.

 

 

 

 

Signed Date 30 March 2018

 

 

Deputy Upper Tribunal Judge Taylor