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             In a determination promulgated on 12 December 2023 the Upper Tribunal found material error of law in the decision of the judge of the First-tier Tribunal and set that decision aside.
             The Tribunal is grateful to the parties for the constructive manner in which they have approached the outstanding issues. That process was assisted by the filing of skeleton arguments in accordance with directions given in the error of law hearing which identified the points requiring further consideration.
             The appellant remains unwell and unable to participate in the appeal which proceeded by way of discussion and submissions only.
             The primary issue in the appeal related to the appellant's nationality. The appellant claimed to be an Eritrea national which was disputed by the Secretary of State.
             Two additional pieces of evidence have been provided that were considered relevant to determining nationality. The first is DNA test results establishing the relationship between the appellant and an individual who is her half brother. The second, that person's recognition by the immigration authorities in France as being a person entitled to a grant of refugee status on the basis of his Eritrean nationality and personal circumstances when compared to country conditions.
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