Khan v Secretary of State for the Home Department (AIRE Centre intervening)

Immigration – Appeals. Sala (EFMs: Right of Appeal) ([2016] UKUT 411 (IAC)), which provided that any challenge to the refusal to issue a residence card had to be by way of judicial review, had been wrongly decided and such decisions could be appealed in the ordinary way to the First-tier Tribunal (Immigration and Asylum Chamber) (the FTT). Accordingly, the Court of Appeal, Civil Division, allowed the appellant Pakistani national's appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber), ruling that the FTT had lacked jurisdiction to hear his appeal.

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