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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/05881/2016

 

THE IMMIGRATION ACTS

 

Heard at Field House	Decision & Reasons Promulgated
On 14 February 2018	On 17 May 2018

 

 

Before

 

UPPER TRIBUNAL JUDGE ALLEN

 

Between

 

Rakhi Rani Dash

(anonymity direction not made)

Appellant

 

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation :

 

For the Appellant: Ms S Iqbal, Counsel instructed by Taj Solicitors

For the Respondent: Mr D Clarke, Home Office Presenting Officer

 

 

DECISION AND REASONS

 

 

1. This is the appeal of Mrs Dash against a decision of the Secretary of State refusing to grant her a residence card as an extended family member of her sponsor. The matter came before a judge in May 2017 and she concluded in light of Sala [2016] UKUT 411 (IAC) that there was no statutory right of appeal against the decision to refuse to grant a residence card to an extended family member. We now know in light of the decision of the Court of Appeal in Khan [2017] EWCA Civ 1755 that Sala was wrong and there is a right of appeal in such a case and accordingly the judge, there is no criticism of her,she was simply following reported authority, erred in law and the matter will therefore require to be heard by a different judge at Hatton Cross.

 

Notice of Decision

 

The appeal is allowed to the extent that it is remitted for a full hearing in the First-tier Tribunal.

 

No anonymity direction is made.

 

 

 

 

 

 

Signed Date 11 May 2018

 

 

Upper Tribunal Judge Allen