UTIAC 1) In deciding whether to set aside the decision of the First-tier Tribunal under section 12 of the Tribunals, Courts and Enforcement Act 2007 the Upper Tribunal can dispose of the appeal in one of two ways, either by remitting the case to the Fist-tier Tribunal or by re-making the decision. However, that choice is regulated by para 7 of Part 3 of the Practice Statements for the Immigration and Asylum Chamber of the Upper Tribunal, which only contemplates remittal in very limited circumstances.
2) Proper exercise of the discretion afforded by reg 17(4) of the Immigration (European Economic Area) Regulations 2006 requires the decision-maker to take into account whether or not the effect of refusal of a residence card to the claimant would hinder or frustrate the continuing exercise of the free movement rights of the EEA family member/Union citizen.
Judges:
Storey SIJ, Juss IJ
Citations:
[2010] UKUT 423 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 19 September 2022; Ref: scu.444068