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The Secretary of State appeals with permission against the decision of the First-tier Tribunal allowing the appellant's appeal against her decision to refuse an EEA residence card on the basis that the appellant had previously obtained the right to reside by fraudulent means contrary to Regulation 21B(1)(d) and (2) of the 2006 Regulations. The only reasoning relating to Regulation 21B appears at paragraphs 49 and 50 of the determination.
"49. The appellant was deported from the UK in 2003, following his conviction. He took no action to seek to have the deportation order set aside and returned illegally to the UK in 2006. His conduct in that regard is to be strongly deprecated. He has also in the past used aliases and claimed to be a Kosovan, an Italian and a Bulgarian national.
The appellant has shown himself in the past to be a person willing to attempt to deceive the immigration authorities, but since 2013, after meeting [his partner] and their relationship developing, he has taken steps to regularise his immigration status on the basis of that relationship which I have found to be genuine. I am not satisfied that he has attempted to obtain a right to reside by fraudulent means (Regulation 21B(1)(d)."
The respondent in her grounds of appeal sets out the relevant provisions of Regulation 21B - Abuse of rights or fraud.
(d) fraudulently obtaining or attempting to obtain, or assisting another to obtain or attempt to obtain a right to reside.
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