IA197262012

When the appeal came on before us on 14 th February, we identified another error of law. It is simply wrong to say that a customary marriage celebrated by proxy cannot be a legal marriage in Nigeria. Statutory marriage under the Marriage Act 1990 exists side by side with marriage in accordance with Native Law and Custom, and both forms of marriage are lawful. The former does not allow marriage by proxy, but the latter does. The question therefore for the Upper Tribunal is whether in the instant case a proxy marriage took place on 24 th December 2011 in accordance with Native Law and Custom.

Even if these photographs were taken on 24 th December 2011 ~ in which case, one wonders why they were not produced to the tribunal sooner ~ it is clear that no member of Anabela da Costa�s family was present. So one essential ingredient of a proper customary marriage was missing. There was no one to give the dowry to. Nor is there any direct evidence from the bride�s parents that they gave their consent to the marriage. So another ingredient of a valid customary marriage is missing.

When the appeal came before Judge Brown last October, he quite rightly rejected the possibility that there was a �durable relationship� between the appellant and an EEA national. There was simply not enough evidence to support this alternative route into the EEA Regulations. If there now is good evidence of a durable relationship, it is open to the appellant to apply for a residence card on that basis. But for present purposes, although the First-tier determination must be set aside and the decision on the appeal re-made by the Upper Tribunal, the outcome is the same.