(Immigration and Asylum Chamber) Appeal Number: Oa/14600/2012
THE IMMIGRATION ACTS
Heard at Field House
On 2 July 2013
On 23 August 2013
THE PRESIDENT, THE HON MR JUSTICE BLAKE
DEPUTY UPPER TRIBUNAL JUDGE Mc WILLIAM
THE ENTRY CLEARANCE OFFICER MUMBAI
For the Appellant: Ms. S Iqbal instructed by Chesham and Co
For the Respondent: Mr. P. Deller Senior Home Office Presenting Officer
DETERMINATION AND REASONS
i) Route One was that the registration of the marriage by the Marriage Officer Karnataka on 15 September 2012 under the s. 15 Special Marriage Act 1954 (SMA) validated the religious marriage as of the date of its celebration.
ii) Route Two was the proposition that Indian law recognised a marriage between two muslims celebrated in a mosque as a valid marriage in the absence of registration if they had the capacity to marry.
The Hon Mr Justice Blake
5 July 2013
Appendix A: Ruling and Directions 21 May 2013
1. The appellant is a citizen of India born in 1976. She appeals the decision of Judge Morris sitting in the First-tier Tribunal dated 22 March 2013. In that decision she dismissed the appellant’s appeal against a refusal of entry clearance to join the sponsor in the United Kingdom as his wife. The sponsor is Mr Master who is a British citizen.
2. The basic narrative of events is as follows:-
i. Mr Master had a previous partner in the United Kingdom Ms H.
ii. Mr Master and Ms. H are both muslims by religion and celebrated their union in a nikah ceremony in their home.
iii. Such a ceremony may have made them man and wife for the purposes of Islamic law but did not do so for the purposes of their respective civil status in the law of the United Kingdom.
iv. The couple were in a personal relationship as man and wife from around 1997 to 2005. Two children were born to their union now aged 13 and 11.
v. The couple lived for a time 28 Forburg Road London N 16.
vi. The couple state they ceased living together as man and wife in about 2005.
vii. It seems that Ms H married someone from India in that year by Islamic ceremony who was admitted to the United Kingdom as her spouse but the marriage subsequently broke down.
viii. In 2011 Mr Master wanted a new partner and asked family and friends in India to assist him to find one for him.
ix. The appellant was identified. She lived in Bangalore.
x. In January 2012 the sponsor travelled to Bangalore and met the appellant; they decided to marry. The sponsor returned to India in February and again in April 2012.
xi. They went through an Islamic marriage in the Khatib-E-Imam Mosque Mumbai on 6 April 2012.
xii. The following day the entry clearance application was made.
xiii.This was refused on 12 July 2012.
Error of Law
Date 21 May 2013