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      Before the Upper Tribunal, the appellant appeared as a litigant in person. Mr Bates, Senior Presenting Officer, appeared for the Secretary of State.
      However, I have decided not to set aside the First-tier Tribunal's decision. The appellant attended court with documents, including broadband accounts for the period April-May 2021, which Mr Bates agreed indicated that the appellant had been resident as claimed. I told the appellant and Mr Bates that, In the circumstances, I did not intend to set aside the First-tier Tribunal's decision notwithstanding the judge's error. Mr Bates made no objection to that proposed course of action.
      Accordingly, I direct that the decision of the First-tier Tribunal promulgated on 23 January 2024 shall stand.
The First-tier Tribunal erred in law. However, I exercise my discretion to refrain from setting aside the Tribunal's decision and I direct that the decision shall stand.
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