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             The appellant, a citizen of Nigeria, appeals with permission from the decision of First-tier Tribunal Judge Rothwell ("the Judge") dismissing his appeal against the respondent's decision on 7 November 2022 to refuse his application for settled status pursuant to the EU Settlement Scheme (EUSS).
             The respondent refused the EUSS application because there was no evidence to show that the appellant was divorced from his former spouse and free to marry the EEA national.
             The Judge found the divorce certificate to be unreliable, applying Tanveer Ahmed : he did not accept that the Customary Court would have made such an error [7]. The Judge placed no weight on this document and in dismissing the appeal found that this evidence was not reliable. He was not satisfied that the appellant had been free to remarry and he dismissed the appeal.
             The appellant appealed to the Upper Tribunal.
             Permission to appeal was granted on the following basis:
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