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             The appellant is a citizen of Zimbabwe born on 19 th October 1995. He applied to remain in the UK as a spouse of an EEA citizen under Appendix EU of the Immigration Rules. This application was refused on 10 th March 2022. His appeal against the decision was allowed by First-tier Tribunal Judge Iqbal in a determination promulgated on the 3 rd August 2022.
             The matter came before us to determine whether the First-tier Tribunal had erred in law, and if so to determine whether any such error is material and thus whether the decision should be set aside and remade.
             For ease of reference with the decision of the First-tier Tribunal, we refer to the parties as they were at that hearing.
             At the error of law hearing, Ms Everett argued, in short summary, as follows.
             Firstly, she disputes the suggestion in the grant of permission to appeal that there is a burden upon the respondent to prove what application was made by the appellant. She added that the appellant alone has access to the online form and additionally, there was no duty upon the respondent to treat an application under the EU SS as if it was an application under the 2016 EEA Regulations, applying Batool & Ors (other family members: EU exit) [2022] UKUT 219 (IAC) , (" Batool ") at paragraph 71.
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