IA161772014

The Appellant appealed and the appeal came before Judge of the First-tier Tribunal Aujla sitting at Richmond on 10 th November 2014. In a decision promulgated on 21 st November 2014 the Judge found that the Appellant had no right to appeal against the Respondent's decision and therefore there was no valid appeal extant before him.

On 29 th December 2014 the Appellant lodged Grounds of Appeal to the Upper Tribunal. That application was refused by Designated First-tier Tribunal Judge Zucker on 3 rd February 2015. On 18 th February 2015 renewed Grounds of Appeal were lodged to the Upper Tribunal.

It is on that basis that the appeal comes before me to determine whether or not there is a material error of law in the decision of the First-tier Tribunal. The Appellant appears by her instructed Counsel Miss Kabir. The Secretary of State appears by her Home Office Presenting Officer Mr Bramble.

Miss Kabir indicates that this is a procedural appeal. Her initial starting point is that there is a basis for an appeal to be heard and she relies on the authority of Abiyat and Others (rights of appeal) Iran [2011] UKUT 314 (IAC) which is authority for the contention that there is a right of appeal to the Upper Tribunal against a decision of the First-tier Tribunal declining jurisdiction when that decision has been made after full consideration and is embodied in a determination. Mr Bramble on behalf of the Secretary of State does not seek to challenge that authority.

In response Mr Bramble starts by reciting Ved and Others (appealable decisions; permission application; Basnet) [2014] UKUT 150 and whilst acknowledging that this case is not on all fours with the current scenario refers me to paragraphs 21 onwards pointing out that these paragraphs addressed the powers of the Upper Tribunal to deal with an appeal in this scenario. He does accept that such powers do exist. It seems to me therefore that there is an acknowledgement by both legal representatives that there is a power for me to hear this appeal.