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             Although the appellant in the appeal before the Upper Tribunal is the Secretary of State for the Home Department, for ease of reference we continue to refer to the parties as they were before the First-tier Tribunal. Hereafter we refer to Mr Koci as the appellant and the Secretary of State as the respondent.
             The respondent sought permission to appeal the Judge's decision. Permission was refused by First-tier Tribunal Judge Hatton in a decision dated 28 April 2022.
             The respondent renewed the application for permission to the Upper Tribunal. Permission was granted by Upper Tribunal Judge Frances on all grounds in a decision date 26 Oct 2022 on the following basis:
"It was accepted the appellant did not have a family permit or residence document. It is arguable the judge erred in law in finding the respondent's decision was
disproportionate following Celik (EU exit; marriage; human rights) [2022] UKUT 220 (IAC) , in which the Upper Tribunal held:
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