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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/24493/2015

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 18 May 2017	On 1 June 2017

 

Before

 

UPPER TRIBUNAL JUDGE PERKINS

 

 

Between

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

and

 

MOHAMMAD FAYYAZ

(ANONYMITY DIRECTION not made)

Respondent

 

 

Representation :

For the Appellant: Mrs A Holmes, Senior Home Office Presenting Officer

For the Respondent: Appeared in person

DECISION AND REASONS

1.         This is an appeal brought by the Secretary of State against the decision of the First-tier Tribunal allowing the appeal of the Respondent, hereinafter "the Claimant" against the decision of the Secretary of State refusing him a residence card.

2.         The Secretary of State appeals because the Tribunal has ruled in the case of Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC) that, contrary to what people have thought for a long time, there is no right of appeal to the First-tier Tribunal against the decision of the Secretary of State not to grant a residence card to a person claiming as an extended family member.

3.         The decision is Sala is reported and I intend to follow it. Consequently I have to set aside the decision of the First-tier Tribunal and substitute a decision that there is no jurisdiction to entertain an appeal.

4.         I put on record that Ms Holmes, for the Secretary of State, has confirmed that there was no challenge to the First-tier Tribunal Judge's findings of fact and the Secretary of State will reconsider the matter in the light of those findings but for the purposes of the record I rule that the First-tier Tribunal erred in law and I substitute a decision that there is no right of appeal against the decision complained of.

Notice of Decision

The Secretary of State's appeal is allowed.

 

 

Signed
Jonathan Perkins Judge of the Upper Tribunal	Dated 30 May 2017