UI2024001668 & UI2024001736

             In a decision dated 14 May 2024 permission to appeal was granted by Upper Tribunal Judge Pickup on the basis that:

It is arguable that the judge misconstrued the evidence and made findings based on a misunderstanding of the law in Ghana. However, it is not clear that the evidence on this was sufficient. It also remains unclear whether there was sufficient evidence before the Tribunal to discharge the burden of proof as to the validity of the marriage".

             In response to a question as to whether the marriage was in person or by proxy Ms Ofei-Kwatia submitted that one party attended as is clear from the Municipal Assembly letter at page 42, see also the marriage certificate at page 53 and pages 57 to 59 of the bundle. She submitted that the terms were essentially being used interchangeably, both customary marriage and customary proxy marriage, but irrespective of how it was termed, the Sponsor's attendance at the wedding did not invalidate the validity of the marriage.

             As to the fact the judge did not believe the evidence, Ms Ofei-Kwatia drew attention to the evidence before the FtT, including WhatsApp communications, pages 123 to 140 dated between May and July 2023, photographs at pages 89 to 117, and flight itinerary tickets between the UK and Ghana in relation to the Sponsor's journey there at pages 71 to 78. Ms Ofei-Kwatia submitted that it was almost as if a marriage of convenience was being raised only indirectly and no questions were asked to that effect.

             It then materialised that Ms Ofei-Kwatia had not seen the Respondent's review so the case was put back so that Mr Ojo could provide her with a copy of it and she would have the opportunity to consider it.