December 2021

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Jul 8, 2022, 5:20:22 PM7/8/22
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Jul 8, 2022, 5:46:16 PM7/8/22
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UPPER TRIBUNAL JUDGE BRUCE

51. The appeal is allowed on human rights grounds.

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Jul 8, 2022, 5:49:26 PM7/8/22
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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.

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