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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/09155/2017

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 7 th August 2018	On 22 nd August 2018

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE DAVIDGE

 

 

Between

 

MRS SELINA TUFFOUR

(anonymity direction not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr M Ume-Ezeoke, Counsel

For the Respondent: Mr I Jarvis, Senior Home Office Presenting Officer

 

 

EXTEMPORE JUDGMENT

1.              Notice Extempore Decision Rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2608 as amended) applies to this decision. This appeal concerns an EEA claim. It is agreed that the FTTJ made an error of law when concluding that the marriage was not valid because Ghanaian law only permits a proxy marriage between Ghanaian nationals. The FTTJ mistook the law as per the case of Cudjoe [2016] UKUT 180 (IAC). The parties are agreed that I should set the decision aside and in light of the agreed error of law I do so.

2.              In light of the fact-finding exercise required to deal with the outstanding issues, the issue of registration, relevant validity and of recognition, I have agreed to the parties' request that the appeal be remitted to the First-tier Tribunal to be heard by a judge other than Judge Telford.

Notice of Decision

 

By consent the appeal to the Upper Tribunal is allowed as follows:

 

(1)           The FT decision is infected by legal error and is hereby set aside.

 

(2)           The appeal is remitted to the First-tier Tribunal.

 

No anonymity direction is made.

 

Signed Date 07 August 2018

 

 

Deputy Upper Tribunal Judge Davidge

 

 

 

 

TO THE RESPONDENT

FEE AWARD

 

As I have allowed the appeal and because a fee has been paid or is payable, I have considered making a fee award and have decided to make no fee award for the following reason: none has been requested and the merits remain outstanding.