UI2024001825

      This was an appeal to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 ("the Appeals Regulations") against a decision of the respondent on 27 February 2023 to refuse to issue her application for a family permit pursuant to Appendix EU settlement scheme.  

      The respondent refused the application on 27 February 2023 on the grounds that the appellant did not meet the requirements of rule EU11 of Appendix EU to the Immigration Rules and in relation to Regulation 2 and 20B of the Immigration (EEA) Regulations 2016 on the grounds that the Appellant's marriage is one of convenience. The Respondent alleged that there were reasonable grounds to suspect that appellant's marriage was one of convenience because the appellant and her husband failed to attend a marriage interview on two occasions .   

      In all the circumstances of this case and given the specific directions made, we are satisfied that it is in the interests of justice to proceed to determine this appeal in the appellant's absence.   

      The appeal came before the First-tier Tribunal Judge S Khan who dismissed the appellant's appeal. The appellant was represented by Mr S Chigbo, Legal Representative from Moorehouse Solicitors. The Judge found that the two key documents the appellant relied on to prove her marriage, contained mistakes but she has not made any efforts to rectify them and obtain explanations from the respective bodies.

      The Judge stated that the appellant's evidence was that her previous marriage ended on the 18 January 2022. However the divorce document stated that it ended on 18 February 2020. The appellant explained there is a mistake on the date of the divorce document and that it was a "a slip of the pen". The Judge found that this mistake has not been corrected and that there was no evidence from the Court amending the date of the divorce.