UPPER TRIBUNAL JUDGE SHERIDAN
18. However, I am satisfied that any such error was immaterial because it is plain that the judge allowed the appeal not because of article 8 (or section 55) but because (a) the appellant satisfied the conditions of regulations 11(5)(e) and 16(5) of the 2016 Regulations; and (b) no argument was advanced, or authority cited, to support the proposition that a right of residence under 16(5) is only available if a person first applies under Appendix FM of the Immigration Rules.