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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 >> IA329492015 [2018] UKAITUR IA329492015 (31 January 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/IA329492015.html Cite as: [2018] UKAITUR IA329492015 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/32949/2015
THE IMMIGRATION ACTS
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At Field House |
Decision & Reasons Promulgated |
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On 30 January 2018 |
On 31 January 2018 |
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Before
UPPER TRIBUNAL JUDGE CANAVAN
Between
AMUDALATA TEMITOPE AMODU
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
DECISION AND REASONS
1. The Upper Tribunal granted the appellant permission to appeal against the decision of First-tier Tribunal Judge N. M. Paul, who dismissed her appeal against the respondent's decision to refuse to issue a residence card as the extended family member of an EEA national with reference to the Upper Tribunal decision in Sala (EFMs: right of appeal) [2016] UKUT 411.
2. Upper Tribunal Judge Pitt granted permission in an order dated 21 December 2017 because the Court of Appeal in Khan v SSHD [2017] EWCA Civ 1755 found that Sala was wrongly decided. She was minded to find an error of law, set aside the decision and remit the case to the First-tier Tribunal. The Upper Tribunal gave the parties seven days from the date her decision was sent to file an objection to this course of action in writing. No objections to this course of action have been received.
3. The Tribunal finds that the First-tier Tribunal decision to dismiss the appeal for want of jurisdiction in light of Sala involved the making of an error of law.
4. The decision is set aside and the appeal will be remitted to the First-tier Tribunal for a fresh hearing.
5. The hearing listed in the Upper Tribunal on 31 January 2018 will be vacated.
DECISION
The First-tier Tribunal decision involved the making of an error on a point of law
The decision is set aside and the appeal will be remitted for a fresh hearing
Signed Date 30 January 2018
Upper Tribunal Judge Canavan Sullivan
