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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/09606/2016

 

THE IMMIGRATION ACTS

 

On the papers	Decision & Reasons Promulgated
On 9 March 2018	On 9 March 2018

Before

 

UPPER TRIBUNAL JUDGE FRANCES

 

Between

 

MOHAMMED RADIBUR RAHMAN

(anonymity direction NOT MADE )

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

DECISION AND REASONS

1. The Appellant's appeal against the refusal of a residence card as confirmation of rights of residence as an extended family member under the Immigration (EEA) Regulations 2006 was dismissed by First-tier Tribunal Judge I M Scott for want of jurisdiction.

2. Permission to appeal was granted by the First-tier Tribunal on 26 February 2018 on the ground it was arguable the judge erred in law: Sala (EFMs: right of appeal [2016] UKUT 411 (IAC) and Khan v SSHD [2017] EWCA Civ 1755.

3. I find that there is an error of law in the decision of First-tier Tribunal Judge I M Scott promulgated on 12 September 2017 and I set it aside. I remit the case to the First-tier Tribunal to reconsider the appeal.

 

J Frances

 

Signed Date 9 March 2018

Upper Tribunal Judge Frances