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The appellant is a citizen of Canada. He appeals against a decision of the First-tier Tribunal promulgated on 12 July 2018 dismissing his appeal against a decision of the Secretary of State dated 7 December 2017 refusing his application for a residence card as the family member of Doreen May Smith, a British citizen.
Mr Diwnycz, who appeared for the Secretary of State, told me that, in light of the decision in Banger [2018] EUECJ C-89/17 , that the respondent now accepted that the judge had erred in law. He further acknowledged that the decision should now be remade allowing the appeal.
The decision of the First-tier Tribunal promulgated on 12 July 2018 is set aside. I have remade the decision. The appellant's appeal against the decision of the Secretary of State dated 7 December 2017 is allowed.
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