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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA362532014 [2015] UKAITUR IA362532014 (2 July 2015) URL: http://www.bailii.org/uk/cases/UKAITUR/2015/IA362532014.html Cite as: [2015] UKAITUR IA362532014 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/36253/2014
THE IMMIGRATION ACTS
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Determined on the papers at Field House |
Decision and Reasons Promulgated |
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On 1 st July 2015 |
On 2 nd July 2015 |
Before
UPPER TRIBUNAL JUDGE COKER
Between
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
And
GIBSON SEMA DINGANA
Respondent
DETERMINATION AND REASONS
1. The FtT allowed the appeal of Mr Dingana against a decision of the respondent to refuse to issue him with a residence card as an extended family member under the Immigration (European Economic Area) Regulations 2006.
2. The SSHD was granted permission on the grounds that the FtT judge erred Iaw in allowing the appeal and it was arguable that the application should have been allowed to the extent that it was remitted to the SSHD to enable her to exercise discretion is appropriate.
3. The hearing of the appeal was listed for 21st July 2015. In the light of correspondence received from both parties that they are aware that the outcome of the appeal will be that an error of law is found and the matter will be remitted to the SSHD as in paragraph 2 above, they are content for this appeal to be disposed of on the papers. I delist the hearing and make the following decision:
4. I am satisfied the FtT erred in law in allowing the appeal. The decision of the FtT is set aside and I remake the decision by allowing it only to the extent that it is remitted to the SSHD for her to consider the exercise of discretion.
Date 1 st July 2015
Upper Tribunal Judge Coker