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The First-tier Tribunal Judge in light of Sala (EFMs: Right of Appeal) [2016] UKUT 411 (1AC) decided that the Tribunal had no jurisdiction. Given that the Court of Appeal has said in Khan v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1755 (09 November 2017) that Sala (EFMs: Right of Appeal) was wrongly decided, we now know the First-tier Tribunal had jurisdiction to hear this appeal,
Proposals were given by Upper Tribunal Judge Blum on 11 December 2017 that the appeal be allowed; the determination of the First-tier Tribunal Judge be set aside and the appeal be remitted to the First-tier Tribunal for the decision to be re-made.
Neither side has objected to that proposal. Pursuant to Rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008, I make this decision without a hearing.
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