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       The Secretary of State appeals with permission a decision of First-tier Tribunal Judge Singer ('the Judge'), promulgated following a hearing at Taylor House on 13 June 2022, in which the Judge allowed Mr Dominic's appeal against the refusal of his application made under the EU Settlement Scheme ('EUSS') as a durable partner of an EU citizen, an Italian national ('the Sponsor').
       The application was refused as Mr Dominic did not have a valid family permit or residence card issued under the Immigration (EEA) Regulations 2016 ('the 2016 Regulations') and had not applied for his entry or leave to remain in the UK to be facilitated before the specified date of 11 PM 30 December 2020 on this basis.
       The Judge's findings are set out from [32] of the decision under challenge. There was no dispute before the Judge of the genuineness of the relationship that Mr Dominic has with his partner.
       In relation to whether he could succeed under the Immigration Rules the Judge records at [45] that it was common ground that Mr Dominic could not meet the definition of a "family member of a relevant EEA citizen" in Annex 1 based on marriage because he was not married to the Sponsor.
       The Judge then moved to consider whether Mr Dominic came within the definition of a "durable partner" in Annex 1 of Appendix EU to the Immigration Rules from [46].
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