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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/37144/2014

 

 

THE IMMIGRATION ACTS

 

 

Heard at Bradford	Decision & Reasons Promulgated
On 25 March 2015	On 31 March 2015

 

 

Before

 

UPPER TRIBUNAL JUDGE CLIVE LANE

 

 

Between

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

 

and

 

ERNEST KUDZANAI MUNYANYI

(ANONYMITY DIRECTION NOT MADE)

 

Respondent

 

Representation:

 

For the Appellant: Mrs Pettersen, a Senior Home Office Presenting Officer

For the Respondent: In person

 

 

DECISION AND REASONS

 

1.             The appellant, Ernest Kudzanai Munyanyi, was born on 6 January 1981 and is a male citizen of Zimbabwe. By a decision promulgated on 4 December 2014, the First-tier Tribunal allowed the appellant’s appeal in respect of the issue of a residence card to him as an extended family member (the partner in a durable relationship of Ms Jana Gorina).

2.             The respondent has appealed against that decision on the basis that it is contrary to Ihmedu (OFMs-meaning) Nigeria [2011] UKUT 340 and the provisions of Regulation 17(4) of the Immigration (EEA) Regulations 2006. The Secretary of State does not take issue with the findings of fact of First-tier Tribunal (namely, that Ms Gorina and the appellant are and have been in a durable relationship) but complains rather that the appeal should have been allowed to the limited extent that the matter be returned to the Secretary of State for further consideration; the discretion to issue a residence card to an “extended family member” lies solely with the Secretary of State, and not the First-tier Tribunal.

3.             I agree with the Secretary of State and explained the position to the appellant I announced my decision in open court.

 

Notice of Decision

 

The determination of the First-tier Tribunal promulgated on 4 December 2014 is set aside. I have remade the decision. The appellant’s appeal against the respondent’s decision dated 6 September 2014 is allowed to the limited extent that the matter is returned to the Secretary of State for further consideration. The findings of fact of the First-tier Tribunal are preserved.

 

No anonymity direction is made.

 

 

 

 

Signed Date 30 March 2015

 

 

Upper Tribunal Judge Clive Lane