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I find the first ground has merit. It was not for the judge to allow the appeal outright. He should instead have allowed the appeal to the limited extent that the matter was remitted to the Secretary of State to consider exercising her discretion to issue a residence card under Regulation 17(4).
The decision of the First-tier Tribunal dated 29 April 2015 is set aside. I have remade the decision. The appeal against the respondent's decision dated 29 December 2014 is allowed to the limited extent that the matter is returned to the Secretary of State so that she may exercise her discretion as to the issuing of a residence card to the appellant under Regulation 17(4) of the 2006 Regulations.
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