EA005422019

This appeal comes before me following the grant of permission to appeal by First-tier Tribunal Judge Nightingale on 14 January 2020 against the determination of First-tier Tribunal Judge T Lawrence, promulgated on 22 April 2020 following a hearing at Taylor House on 13 December 2019.

The appellant is a Pakistani national born on 14 November 1988. He entered the UK as a student and subsequently claimed asylum as a gay man before marrying a Romanian national shortly thereafter in an Islamic ceremony and making an application for a residence card. He and his partner were interviewed and the application was refused on 24 January 2019 because the respondent concluded that the appellant had entered into a sham marriage.

The appeal came before First-tier Tribunal Judge Lawrence. Following oral evidence from the appellant, the sponsor and a family friend and submissions from the parties, the judge dismissed the appeal.

Ordinarily, the appeal would have been listed for hearing following the grant of permission to appeal but due to the Covid-19 pandemic and need to take precautions against its spread, this did not happen and directions were sent to the parties on 9 June 2020. They were asked to present any objections to the matter being dealt with on the papers and to make any further submissions on the error of law issue within certain time limits.

The Tribunal has received written submissions from both parties. Both parties have agreed to the matter being considered on the papers and in the current circumstances I agree that that course of action is appropriate.