IA017902016

The decision of First-tier Judge Walker in September 2017 is the Devaseelan starting point. Judge Walker found that although the appellant and his wife knew each other reasonably well, and might indeed have been in a relationship 'at some stage' their marriage and their asserted relationship was not subsisting nor genuine. He dismissed the appeal.

On 11 June 2018, DUTJ Lewis overturned that decision and remitted the appeal to the First-tier Tribunal for rehearing. The adverse finding of fact regarding the marital relationship was not impugned in the appeal and was preserved, although neither Judge Walker nor Judge Lewis went as far as to say that the marriage was a marriage of convenience, nor that the child was not the appellant's child.

Judge Lewis at [14]-[16] gave a very clear direction as to how the Devaseelan starting point should be approached by the Judge rehearing the appeal:

The appeal was reheard in the First-tier Tribunal by First-tier Judge Geraint Jones QC. The appellant was unrepresented and appeared in person. There was no updated witness statement, but the appellant, his wife, and his cousin all gave oral evidence.

By this stage, the parties had lost their joint accommodation and the appellant was living with a school friend. The wife was living with her sister, in Essex, where there was only room for her and the child. The wife had converted to Islam. The wife and the child are both British citizens. The appellant expressed doubt that his wife would go to Bangladesh with him, but in her oral evidence she said that she had not yet decided the point. They were both working for Tesco supermarkets and each earned about £600 a month.