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             By a decision promulgated on 16 May 2023 ("the Decision"), First-tier Tribunal Judge Hosie ("the Judge") allowed an appeal brought by Ms Andrew, a citizen of Ghana, under Regulation 8 of the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, against a decision of the Secretary of State dated 31 October 2022 refusing her application for leave to remain under the EU Settlement Scheme ("the EUSS").
             The basis of Ms Andrews' application is that she is the mother of two British national children, who (it is not disputed) would be required to leave the EU if she were removed to Ghana and that she is accordingly entitled to indefinite leave to remain under the EU Settlement Scheme as a Zambrano carer.
             The heart of the Judge's reasoning on appeal was set out in paragraphs 17-19 of the Decision, as follows:
I bore in mind the cases of Akinsanya and Patel. The Appellant has limited leave to remain and is not to be regarded as an exempt person under Regulation 16 of the EEA Regulations 2016.
             Thus the Judge appears to have considered the Secretary of State's decision to have been based on a non-acceptance that Ms Andrews had been in the UK for the relevant 5-year period of time.
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