UTIAC There is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member. Because decisions concerning ‘extended family members’ involve, not only a determination as to whether a person falls within the definition of extended family member, but also the exercise of a discretion whether to admit or grant a residence card to that person, they did not concern that person’s ‘entitlement’ to either.
[2016] UKUT 411 (IAC), [2017] Imm AR 141
Bailii
England and Wales
Cited by:
Wrongly Decided – Khan v Secretary of State for The Home Department and Another CA 9-Nov-2017
The Secretary of State had refused to grant a residence card to the Pakistani nephew of a German national. The Court was asked whether there is jurisdiction for the First-tier Tribunal to hear an appeal from a refusal by the Secretary of State for . .
Cited – SM (Algeria) v Entry Clearance Officer, UK Visa Section SC 14-Feb-2018
The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been . .
Lists of cited by and citing cases may be incomplete.
Immigration, Litigation Practice
Updated: 04 January 2022; Ref: scu.570460
