EA000502021

    The appellant is an Indian national. He appeals, with permission granted by First - tier Tribunal Judge Ford, against the decision of First - tier Tribunal Judge G. A Black promulgated on 12 May 2021 dismissing his appeal under the Immigration (EEA) Regulations 2016 against a decision of the respondent to refuse to issue him with a residence card as the spouse of an EEA national.

    The appellant applied for an EEA residence card as the spouse of Leila Gombos a Hungarian national in an application of 27 October 2020. His application was made on the basis of a marriage conducted through proxy in India. In support of his application he produced his marriage certificate.

    The respondent refused the appellant's application on 25 November 2020 as the respondent did not accept the document provided as evidence of the marriage because India does not recognise proxy marriages.

    The appellant appealed against the respondent's decision. The appeal was listed to be determined on the papers and came before Judge Black. The judge dismissed the appeal. In so doing, she found that matters of foreign law are questions of fact for the Tribunal to determine and that it is for the appellant to prove the facts relied on. Judge Black noted that whilst the appellant had provided some evidence confirming the marriage took place there was no evidence from a competent authority to confirm that a proxy marriage in India was valid.

    The appellant sought permission to appeal to the Upper Tribunal on the grounds that the Judge had failed properly to consider the grounds of appeal and the preliminary argument of appeal, together with the documents provided including the marriage certificate, memorandum of marriage, affidavit of the head of the village and the confirmation letter from the Registrar of marriages, all of which showed that the marriage was legally valid in India.