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              The Appellant is a citizen of Pakistan. His date of birth is 5 July 1986.
              The Appellant was granted permission by Upper Tribunal Judge Macleman on 10 February 2023 to appeal against the decision of the First-tier Tribunal (Judge Fox) to dismiss his appeal against the decision of the ECO on 6 May 2021 to refuse his application under the EU Settlement Scheme (EUSS) for a family permit. The application was made on 23 December 2020.
              The ECO refused the application because the Appellant did not meet the requirements of the Immigration (European Economic Area) Regulations 2016. The Appellant made an application on the basis that he is dependent on his sister-in-law in the UK who is a Polish national exercising treaty rights. The ECO was of the view that there was insufficient evidence to establish financial dependency and there was insufficient evidence regarding the Appellant's circumstances generally.
              The appeal came before Judge Fox. The Appellant's brother and the Sponsor attended the hearing. They gave evidence adopting their witness statements as evidence-in-chief.
              The judge made a number of findings at paragraphs 13-22 of the decision. I agree with the parties that the judge raised issues that were not relied on by the SSHD without giving the Appellant an opportunity to respond.
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