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The appellant appealed against the determination of First-tier Tribunal Judge Shepherd promulgated on 18 April 2017 in which she made a finding that the appeal should be dismissed for want of jurisdiction. She did so on the basis that the case fell within the decision of Sala (EFMs: Right of appeal) [2016] UKUT 411 .
It is accepted that this ruling has no relevance to the circumstances of the present case.
In those circumstances the sensible course agreed by the parties is for me to find that there was an error of law and to remit the case to the First-tier Tribunal for determination of the appeal against the refusal of the derivative residence card.
I direct that the appeal is remitted for hearing afresh before the First-tier Tribunal and
(i) The witness statements provided in support of the appellant's claim should be filed and served within 28 days from the date of this hearing.
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