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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA091552017 [2018] UKAITUR EA091552017 (22 August 2018)
URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA091552017.html
Cite as: [2018] UKAITUR EA91552017, [2018] UKAITUR EA091552017
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/09155/2017
THE IMMIGRATION ACTS
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Heard at Field House |
Decision & Reasons Promulgated |
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On 7 th August 2018 |
On 22 nd August 2018 |
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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.