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For the Appellant: Ms M Munro Kerr, instructed by South London Refugee Association
       This is the re-making of the decision in the appellant's appeal, following the setting aside of the decision of the First-tier Tribunal.
       The appellant's application was refused by the respondent on 2 June 2023 on the basis that he no longer met the definition of a person with a 'Zambrano' right to reside at the date of the application and was no longer a primary carer for a British child after the expiry of his previous leave and until the date of his application given that he had been subject to a restraining order preventing him from coming into contact with his wife and children.
       The position taken by the respondent in the Respondent's Review produced for the hearing was revised in that the primary reason given for concluding that the appellant had not met the requirements of a 'person with a Zambrano right to reside' was because he had not completed a five year qualifying period to the date of April 2021, having been issued his residence permit in September 2017 and having had no leave to remain from August 2011 to September 2017.
       Following a grant of permission to appeal to the Upper Tribunal, the matter came before the Upper Tribunal on 24 September 2024.
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