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For the Respondent: Mr Bani in person, with the assistance of an Albanian interpreter.
             The Secretary of State appeals with permission a decision of First-tier Tribunal Judge Pickering ('the Judge') promulgated following a hearing at Bradford on 11 April 2023, in which the Judge allowed Mr Bani's appeal against the refusal of his human rights claim on 28 April 2022 and the decision to refuse his application under the EU Settlement Scheme (EUSS) under the Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020.
             Mr Bani is a citizen in Albania born on 16 November 1990. He married a Greek national on 12 December 2014 and their first child was born in August 2015. Mr Bani was admitted to the UK on 18 August 2018 under the Immigration (EEA) Regulations 2016 ('the 2016 Regulations'), subsequently left, but re-entered on 1 January 2019.
             On 21 August 2019 Mr Bani committed an offence of possession of Class A Drugs with intent to supply. He, his wife, and their son, made applications under the EUSS which the Judge notes the Secretary of State's chronology records as having been made on 9 October 2019. Although there appears to be an alternative date the Judge makes a specific finding that the applications were made prior to 31 December 2020.
             On 17 December 2020 Mr Bani was sentenced to 3 ½ years imprisonment.
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