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              This is the Secretary of State for the Home Department's appeal, however I will refer to the parties as they were referred to in the First-tier Tribunal.
              This is an appeal by the Secretary of State against the decision of First-tier Tribunal Judge Sweet dated 16 May 2022.
              Mr Keci, the appellant, is a citizen of Albania, born on 11 December 1976. He appealed against the decision of the Secretary of State dated 24 September 2021 to refuse his application for settlement under the EU Settlement Scheme (EUSS) as set out in Appendix EU of the Immigration Rules.
              The Secretary of State appealed on a number of grounds as set out in the IAFT 4 form but in particular that the First-tier Tribunal Judge made a material misdirection of law in relation to whether or not the Appellant was exercising his EU rights prior to the date of the withdrawal agreement.
              Mr Melvin for the Home Office has been directly communicating with the Appellant who wrote to Mr Melvin on 29 January last night late in the evening asking for an adjournment. Of course the Appellant should have made an application to the Tribunal and has not done. This was in response to Mr Melvin's helpful email to him on Monday 29 January checking whether he was going to attend the hearing and whether there was any further evidence that the Appellant wished to supply.
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