IA045872014

This matter comes before me for consideration as to whether or not there is an error of law in the determination before the First-tier Tribunal (Judge Traynor) promulgated on 5 August 2014.

The appellant applied for a residence card by way of confirmation of a right to reside in the UK as the family member of a European Economic Area (EEA) national under the Immigration (European Economic Area) Regulations 2006 (�the 2006 Regulations�).

The respondent refused the application on 10 January 2014. The appellant�s marriage had been conducted and presided over by Reverend Shipside on 8 October 2009 at All Saints Forest Gate. The marriage fell between the period of May 2009 and July 2010 where 193 sham marriages had been identified having been conducted by the Reverend Shipside. Reverend Shipside was charged and pleaded guilty to presiding over sham marriages.

The respondent took into account that the appellant previously made an application on 18 March 2008 claiming to be the extended family member of a German national. That application was refused on 27 April 2009. In that application he failed to mention that he had a fianc�e or was involved in a long-term relationship with anyone else. Some five months later the appellant entered into a marriage and made a further application on 1 November 2009.

The respondent invited the appellant to attend an interview but he failed to do so because of illness. He made no further attempt to rearrange an appointment. The appellant submitted the present application on 28 March 2012. He failed to respond to the respondent�s letter dated 7 June 2012 expressing concerns regarding the marriage and giving him the opportunity to respond and substantiate the claim that he was involved in a genuine marriage.