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             The Appellant appeals against the decision of the First Tier Tribunal dismissing his appeal against the decision of the Secretary of State refusing his application for an EU Settlement Scheme Family Permit. His application was made under Appendix EU (Family Permit) to the Immigration Rules on the basis he is a family member of a qualifying British citizen.
             At the end of the hearing, we informed the parties of our decision to set aside the decision of the First Tier Tribunal and to remit the matter to the First Tier Tribunal for re-determination by a different judge. Our reasons for our decision are set out below.
             The reasons for the Secretary of State's decision are as follows:
"To be eligible for an EUSS family permit as the family member of a qualifying British citizen, you need to show that, before the specified date (2300 GMT on 31 December 2020) and generally also at the date of application, you and the qualifying British citizen satisfied the conditions in regulation 9 of the EEA Regulations.
•          lived for more than three months in the EEA host country and exercised free movement rights there under EU law as a 'qualified person' (a worker, self-employed person, self-sufficient person or student) before the specified date and at the date of application; or
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