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              The Respondent is a national of Ghana born on the 14 th May 1973. On the 27 th January 2023 the First-tier Tribunal (Judge C. Fern) allowed her EUSS appeal. The Secretary of State now has permission to appeal against that decision.
              The appeal was heard at Field House on the 4 th October 2023 when both Mr Terrell and Mr Balroop made very helpful submissions and I reserved my decision. The delay that has followed has been caused by an administrative error of entirely my making and for that the parties have my sincere apologies.
              The central facts in this case are uncontentious. They are that the Respondent is a single parent carer for her 12 year-old daughter, who lives with her in Surrey. Her daughter is a British citizen. It further appears to be accepted that if the Respondent were to leave the United Kingdom, her daughter would have to leave with her.
              The question is whether those facts give the Respondent any entitlement in law to remain in the United Kingdom under the European Union Settlement Scheme (EUSS).
              The Respondent made her application as 'a person with a Zambrano right to reside' on the 2nd of August 2021. This was refused on the 1st of August 2022. The Secretary of State considered the application against the definition set out in Annex 1, Appendix EU of the immigration rules, and found that the Respondent could not meet two of them:
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