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

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER	Case No: UI-2023-002420 UI-2023-002421 First Tier No: EA/51793/2022 EA/51794/2022

 

THE IMMIGRATION ACTS

 

Decision & Reasons Issued:

On the 10 October 2023

 

Before

 

UPPER TRIBUNAL JUDGE LANE

 

Between

 

Dennis Sackey and Ms. Zenobia Ekua Fio Sackey

 

(NO ANONYMITY ORDER MADE)

Appellant

and

 

Secretary of State for the Home Department Respondent

 

Representation :

 

For the Appellant: Mr Karim

For the Respondent: Mr Diwnycz, Senior Presenting Officer

 

Heard at Phoenix House (Bradford) on 9 October 2023

 

DECISION AND REASONS

 

1.              The Appellants appeal against a determination of First-tier Tribunal Judge Hillis promulgated on 14th June 2023.

 

2.              At the initial hearing at Bradford on 9 October 2023, Mr Karim, who appeared for the appellants, submitted that the judge had been required only to determine the validity of the marriage of the appellants and not whether their relationship was subsisting. Validity had been the sole reason for refusal and, having found at [12] that the marriage certificate was a genuine document and that its contents should be relied upon, the First-tier Tribunal should have allowed the appeal. Mr Diwnycz, who appeared for the Secretary of State, told me that he agreed with Mr Karim and the appeal was not opposed. Accordingly, he made no submissions.

 

3.              In the circumstances, I set aside the decision of the First-tier Tribunal and remake the decision allowing the appeal against the decision of the Secretary of State dated 24 November 2022.

 

 

 

Notice of Decision

 

I allow the appeal and remake the decision allowing the appeal against the decision of the Secretary of State dated 24 November 2022

 

 

 

 

 

C. N. Lane

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

 

Dated: 9 October 2023