United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Numbers: EA/12736/2016

EA/06782/2017

 

THE IMMIGRATION ACTS

 

 

Determined at Field House	Determination Promulgated
On 16 th February 2018	On 19 th March 2018

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE SAINI

 

 

Between

 

Miss Weronika Elzbieta Jendrzejewska

Mr Amro Aly Youssef Hussein Habka

(ANONYMITY DIRECTION NOT MADE )

Appellants

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation :

 

For the Appellants: Mr C Lam, Solicitor: David Tang & Co

For the Respondent: Mr S Walker, Senior Presenting Officer

 

 

DECISION BY CONSENT AND DIRECTIONS

 

Determination by Consent

1.              Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:

Upon the parties' agreement that the decision of the First-tier Tribunal promulgated on 7 ^th November 2017 discloses a material error of law, it is hereby ordered by consent as follows:

(1)           the First-tier Tribunal Judge made errors of law in relation to the assessment of the issue of a marriage of convenience. The essence of the error being that the judge solely considered the Islamic marriage which took place in November 2015 between the EEA Sponsor and a third country national rather than considering the civil marriage ceremony which took place in 2017 - that being the formalisation of the relationship between the European national and third country national - which would be the relevant marriage when gauging whether a marriage of convenience exists against the EEA Regulations and the European Directive on Free Movement;

(2)           in addition to the identified Grounds of Appeal, I further note the judge did not make reference to the most relevant authority from the Upper Tribunal, which would have been of assistance to her/him, that being Papajorgji [2012] UKUT 38 which appends the EU Commission Guidance on marriages of convenince to that reported decision,

(3)           the matter is to be remitted to be heard by a Judge of the First-tier Tribunal other than Judge Buchanan.

2.              The Appellants' appeal to the Upper Tribunal is therefore allowed.

3.              The decision of the First-tier Tribunal is set aside for legal error by consent.

 

 

Signed Date 18 ^th March 2018

 

 

Deputy Upper Tribunal Judge Saini