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For the Respondent: Mr S Karim, Counsel instructed by Liberty Legal Solicitors LLP
              This is an oral decision delivered following submissions heard in this appeal.
              For the purposes of ensuring clarity, the reference to the Secretary of State for the Home Department and Ashrafur Rahman Choudhury who were referred to as the respondent and appellant, respectively, before the First-tier Tribunal ('FtT')is maintained in this decision.
              The respondent, the Secretary of State for the Home Department, brings this appeal with permission granted by Judge Buchanan on 22 August 2023 against a decision of First-tier Tribunal Judge ('FtTJ') Graves dated 14 July 2023 in which she allowed the appeal of the appellant, Mr Chowdhury.
"The Grounds do not say that there was positive evidence before the Tribunal from which the location of the test centre could properly have been decided by the Judge; but then it is arguable that the Judge may have made a material error of law in reaching a conclusion about venue which was not based on evidence before her or was based on an inference improperly drawn from the primary facts established in the appeal".
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