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This is the re-making of the decision on the appeal of Mr Kothari (hereafter the "claimant"), a national of India born on 29 October 1986, against the Secretary of State's decision of 6 December 2017 to refuse to issue him with a residence card [1] as the former spouse of Ms [EC] (hereafter the "sponsor"), a Polish national exercising EEA Treaty rights in the United Kingdom.
By a decision promulgated on 29 January 2019 (the "EOL decision"), I set aside the decision of Judge of the First-tier Tribunal Sweet who allowed the appeal of the claimant. My reasons for setting aside the judge's decision are set out in the EOL decision which is annexed to this decision as Annex A
In order to succeed in the re-making of the decision on his appeal, the claimant needs to establish:
The case was subsequently listed for case management review on 9 April 2019. It was then listed for full hearing on 30 July 2019.
By 30 July 2019, the claimant had produced evidence that his divorce proceedings commenced on 24 February 2016. He also submitted a substantial number of documents on the basis of which Mr Clarke accepted, albeit that this issue was not relevant because this was not an appeal against a refusal of a permanent residence card, that the claimant has been working from and after 24 February 2019 such that, if he were an EEA national, he would be regarded as exercising Treaty rights continuously from 24 February 2016 to the date of the hearing on 30 July 2019.
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