In an unreported case, Upper Tribunal Judge Stephen Smith held {that a} proportionality evaluation ought to occur in marriage of convenience cases. Secretary of State of the Home Department v Ms Dora Nketia (unreported) 11 Aug 2022 EA/04841/2019 issues the strategy to be taken underneath the Immigration (European Economic Area) Regulations 2016 to a marriage of convenience which later evolves into a real relationship.
The practice directions on unreported cases affirm that the case doesn’t have any authority and can’t be cited in different submissions. However, this can be a novel level of EU regulation with ongoing relevance to the EU Settlement Scheme, so the arguments could also be helpful.
Facts
Ms Nketia has a poor immigration historical past courting again to 2011. The information are prolonged, primarily resulting from her lack of credibility and lots of failed makes an attempt to legally reside within the UK. The difficulty earlier than the court docket pertains to an utility made in 2019 for a residence card underneath the EU Settlement Scheme. Her eligibility was primarily based on her marriage to an EEA nationwide dwelling within the UK. They married by proxy in Ghana on 4 August 2018 and began dwelling collectively in September 2018. As half of the applying, they had been requested to attend separate marriage interviews. The utility was refused on the idea that the marriage was one of convenience. Ms Nketia appealed.
Once a marriage of convenience, at all times a marriage of convenience
The First-tier Tribunal discovered that there had been a…
