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              This is an appeal by the Secretary of State for the Home Department against the decision of First-tier Tribunal Judge Iqbal ("the judge") allowing the appeal of Mr Rajta against the respondent's decision to refuse his application under the EU Settlement Scheme (EUSS) as the spouse of a relevant EEA citizen.
              For the purposes of this decision, I shall hereinafter refer to the Secretary of State as the respondent and Mr Rajta as the appellant, reflecting their positions as they were in the appeal before the First-tier Tribunal.
              The judge noted that the genuineness and/or the validity of the marriage was not in dispute, and neither was it disputed that the couple commenced a relationship in 2020 and that the marriage had taken place after the specified date. The judge noted that the appellant appeared to accept that he could not meet Appendix EU of the Immigration Rules since his marriage had taken place after the specified date, and she then proceeded to consider the terms of the Withdrawal Agreement.
              The Secretary of State sought permission to appeal to the Upper Tribunal on the grounds that the judge had made a material misdirection in law and had erred in law by allowing the appeal.
              Permission was granted by the First-tier Tribunal on 6 July 2022.
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