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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/19858/2015

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 22 May 2017	On 2 June 2017

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE DAVEY

 

 

Between

 

Mr sardar mohammad naeem khan

(ANONYMITY DIRECTION not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr R Layne, counsel instructed by Law & Co Solicitors

For the Respondent: Mr P Singh, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1. The Appellant, a national of Germany appealed against the Respondent's decision dated 8 May 2015, to refuse to issue a registration certificate with reference to the Immigration (European Economic Area) Regulations 2006 on the basis that he had failed to provide sufficient evidence that he was a qualified person as defined under the 2006 Regulations.

 

2. His appeal together with that of Miss Chandni Maqbool before First-tier Tribunal Judge C A S O'Garro (the Judge) who, on 20 September 2016, dismissed Mr Khan's and Miss Maqbool's appeals. The appeal of Miss Maqbool has fallen away as a result of the fact that she claims to be an extended family member and by reason of the decision in Sala [2016] UKUT 411 there is no right of appeal. So far as Mr Khan was concerned the position is that the Judge made a number of positive findings of fact on the evidence and concluded that Mr Khan was exercising treaty rights and was entitled to be issued with a registration document. It is clear that she then for reasons which can only be attributed to be a mistake dismissed Mr Khan's appeal when clearly she was satisfied that he had met the requirements of the 2006 Regulations.

 

3. Accordingly the parties are agreed that there is a material error of law in the Judge's decision on the matter and that the Original Tribunal decision cannot stand and must be remade.

 

4. It is agreed that I can readily remake the decision on the basis of the positive findings of fact made by the Judge in Mr Khan's case. In the light of the same I do no more than consider and accept the conclusion reached, with which there is no disagreement, that he was a qualified person and entitled to a residence certificate. Accordingly the following decision is substituted.

 

DECISION

The appeal of Mr Khan is allowed.

 

ANONYMITY ORDER

No anonymity order was sought and none is necessary.

 

Signed Date 30 May 2017

 

Deputy Upper Tribunal Judge Davey

 

TO THE RESPONDENT

FEE AWARD

 

In the case of Mr Khan a fee of £140 was paid. The appeal succeeded on the basis of material which he had advanced before the Judge. In the circumstances notwithstanding the Judge's mistake it seems to me that there is no need nor is it appropriate for a fee award to be made.

 

Signed Date 30 May 2017

 

 

Deputy Upper Tribunal Judge Davey