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       In a determination promulgated on 24 March 2023 the above panel of the Upper Tribunal found material error of law in the decision of the First-tier Tribunal which had allowed the appellant's appeal against the refusal of his application for an EU Settlement Scheme (EUSS) Family Permit.
       The appellant and Sponsor married on 18 January 2021.
       The application was refused by the Entry Clearance Officer (ECO) as the date of the marriage was after 11 PM 31 December 2020 ('the specified date') and therefore the application could not succeed on the basis of being a family member of an EEA national exercising treaty rights in the UK under the EUSS.
       The ECO considered whether the appellant was able to succeed on the basis of a durable partnership but noted the relationship had only commenced on 10 November 2020, one month prior to the specified date, and had not been in existence for the requisite minimum two year period required to establish a durable relationship, in addition to other issues set out in the refusal notice.
       It was found the First-tier Tribunal had erred in law as under the terms of the Withdrawal Agreement and the EUSS it was not clear how the appellant was able to succeed with his appeal. On that basis the earlier decision was set aside. When canvassing disposal the Sponsor indicated she had further evidence she wished to submit, and directions were therefore given for the evidence to be filed.
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