IA006072014 & ors

For the appellants: Olumuyiwa Jibowu (counsel instructed by MJ Solomon & Partners)

On that question, I drew Mr Jibowu�s attention to the decision of the Tribunal in Kareem (Proxy marriages - EU law) Nigeria [2014] UKUT 24 (IAC) (16 January 2014) . While the fact that those representing the appellant had chosen to have her appeal decided without a hearing had deprived the judge of any assistance he might have had on the law, this decision was declaratory of the EU/EEA law on the point, and it was clearly an error of law not to apply it, if relevant.

After a little time for consideration, Mr Jibowu conceded that Kareem would have been decisive of the present case, and that the appeal must be dismissed. As I pointed out, the appellant will be able to re-apply for a residence card , once she has the evidence required by Kareem ; and, when she does, the person dealing with her application should be well aware that there is no valid judicial decision against her on the issue of whether the sponsor was or is a �qualified person�.

However, since immediately after the present case I was to hear another very similar appeal in which counsel did not concede that Kareem had been relevant, I held back this decision, in case after hearing that argument, I should decide that my provisional view of the law, and Mr Jibowu�s concession in this case, had both been wrong. As it turned out, I reached the conclusion that Mr Jibowu had been right, and counsel in that case wrong.