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       In a decision promulgated on 21 February 2022 First-tier Tribunal Judge O'Malley ('the Judge') allowed Mr Hoxa's appeal against refusal of his application for leave under Appendix EU of the Immigration Rules on the basis he was the spouse of an EEA national in the UK.
       The application was refused as Mr Hoxa had failed to establish he was a spouse at the specified date of 11 PM 31 December 2020 as his marriage took place on 12 July 2021.
       The Judge accepted that the Secretary of State was right to refuse the application by reference to Appendix EU as a spouse.
       From [42] the Judge went on to consider what is described as an alternative application as an extended family members/durable partner but correctly noted Mr Hoxa did not make an application as a durable partner at all and therefore not before the specified date. Notwithstanding this fact, the Judge went on to allow the appeal on the basis the decision breached Mr Hoxa's rights under the EU Exit Regulations and Withdrawal Agreement.
       Permission to appeal was sought by the Secretary of State and granted by another judge of the First-tier Tribunal.
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