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Rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended) applies to this decision.
These appeals concern an EEA claim. Both parties were agreed that the judge fell into error for the reasons set out in the grant of permission to the points that the decree absolute was before him and the fact of divorce was not in issue and he should not have placed weight on the absence of the originals of documents when the originals had been seen by the respondent. Both parties were in agreement that I should set the decision aside and remake it allowing the appellant's appeal.
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