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             This is an appeal against the decision of First-tier Tribunal Judge Kinch promulgated on 5 July 2021. Permission to appeal was granted by Upper Tribunal Judge Plimmer on 12 January 2022.
             No anonymity direction has been made previously in this case, there was no application made to me for one, and there is no obvious reason why anonymity would be appropriate in this case having regard to the importance of open justice. I therefore do not make an anonymity direction in this appeal.
             The hearing before me took place in person. I heard submissions from Mr Biggs and Ms Lecointe to both of whom I am grateful for their assistance.
             The Appellant is a national of India, born in 1984, who came to the UK as a student in 2009. His student visa expired in January 2011 and he overstayed. In July 2013, he married one Dina Motichande, a Portuguese national, born in 1968.
             As a result of their claimed marriage, the Appellant has made three applications claiming an entitlement under EU law, as implemented in the UK at the relevant times, to remain in the UK. Each application was rejected by the Respondent on the basis that the marriage was one of convenience. The Appellant appealed each refusal to the First-tier Tribunal ("FTT") and on each occasion the FTT has also concluded that the marriage was one of convenience.
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