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The Appellant in this appeal was in fact the Respondent in the First-tier Tribunal hearing. However, for ease of reference the Appellant and Respondent are hereafter referred to as they were before the First-tier Tribunal. Ms Mukwaira will therefore be referred to as the Appellant and the Secretary of State will be referred to as the Respondent.
The Appellant is a female citizen of Zimbabwe, whose date of birth is 18 November 1967.
Judge Ross stated that it had not been challenged that the Appellant had been in the UK since 17 November 1999. She had therefore been in the UK for a period of 14 years and 8 months. He therefore allowed her appeal under paragraph 276B, finding that Edgehill & Anor [2014] EWCA Civ 402 applied and therefore the Appellant�s claim fell to be assessed under the Immigration Rules in force prior to 9 July 2012 (the Old Rules).
a. The Judge materially misdirected himself in law and/allowed or permitted a procedural irregularity to occur which deprived the Respondent of a fair hearing because:
i. The Appellant did not raise either in the grounds of appeal or in response to a s 120 notice any issue under paragraph 276B of the Immigration Rules and this issue was not in fact raised until the Appellant�s representative made her closing submissions;
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