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The appellant is a citizen of Iraq who is married to a British citizen ('the sponsor'). The appellant has appealed against a decision of the First-tier Tribunal (FTT) sent on 16 April 2019, in which it dismissed her appeal on EEA grounds.
At the beginning of the hearing before the FTT there was an agreement reached regarding the disputed issues. The FTT records that agreement in the following way at [3]:
"19. The appellant respectfully submits that the judge below has erred in going behind the agreed position adopted at the hearing. That the allegations of deception all similar made by the respondent were not relevant to the consideration of the appellant's case under the Surinder Singh route. It was on this basis that the appellant did not pursue the request for information and evidence set out in a letter to the respondent as recorded in paragraph 3 of the judge's decision.
Having agreed that this was not relevant to the questions to be determined as part of the appeal it is respectfully submitted that it was unfair of the judge to move away from that position without notice as it prevented the appellant from seeking material to challenge those assertions and testing the evidence against it."
Ground F finally submits that the FTT failed to provide adequate reasons for its finding that the appellant and the sponsor were involved in any fraudulent or deception activity.
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