| Source: | All England Reporter |
| Publisher Citation: | [2017] All ER (D) 67 (Nov) |
| Neutral Citation: | [2017] EWCA Civ 1755 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sir Terence Etherton MR, Longmore and Irwin LJJ |
| Representation | Ramby de Mello and Rajiv Sharma (instructed by Stella Maris Solicitors LLP) for the appellant. |
| Brian Kennelly QC and Ben Lask (instructed by the Government Legal Department) for the Secretary of State. | |
| David Chirico and Catherine Robinson (instructed by Herbert Smith Freehills LLP) for the AIRE Centre, as intervener. | |
| Judgment Dates: | 9 November 2017 |
Catchwords
Immigration - Appeals - Right of appeal
The Case
Immigration Appeals. Sala (EFMs: Right of Appeal) (), which provided that any challenge to the refusal to issue a residence card had to be by way of judicial review, had been wrongly decided and such decisions could be appealed in the ordinary way to the First-tier Tribunal (Immigration and Asylum Chamber) (the FTT). Accordingly, the Court of Appeal, Civil Division, allowed the appellant Pakistani national's appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber), ruling that the FTT had lacked jurisdiction to hear his appeal.
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