IA170992013

The appellant appeals with permission against the determination of First-tier Tribunal Judge Thomas, promulgated on 28 August 2013, dismissing her appeal against the respondent�s refusal to issue her with a residence card as confirmation of her right of residence as the spouse of an EEA national exercising treaty rights in the United Kingdom.

The appellant is a citizen of Ghana born on 10 March 1982. On 20 June 2011 married to Tony Gyamfi, a citizen of Germany, originally from Ghana, who is employed in the United Kingdom. The marriage took place in Ghana by proxy, according to customary law in Ghana. The marriage was registered with the district registrar on 20 April 2012 following provision to the registrar of a statutory declaration executed by the fathers of the appellant and her husband. It is the appellant�s case that this marriage is valid under Ghanaian law, and thus is to be recognised as valid under English law.

The respondent considered also that the appellant was not entitled to a residence card on the basis that she was in a durable relationship with the sponsor.

The appellant appealed against the decision on the grounds that the decision was contrary to her rights under European Law and pursuant to the Immigration (European Economic Area) Regulations 2006 (�the EEA Regulations�). The appeal was accompanied by certificates issued by the Ghana High Commission confirming that, amongst other things, a statutory declaration from the appellant�s and sponsor�s fathers and the certificate issued by the registrar in Accra were genuine as well as a copy of the UKBA�s policy. It was requested that the appeal be dealt with without an oral hearing.

In a determination promulgated on 28 August 2013 First-tier Tribunal Judge Thomas dismissed the appeal finding: