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On 27 March 2019, a judge of the First-tier Tribunal dismissed the appellant's appeal against the respondent's refusal to issue her a Residence Card as confirmation of a right to reside in the United Kingdom as the family member of an EEA national exercising treaty rights. The EEA national is a Mr [VK] a citizen of Lithuania.
The hearing was listed on 27 March 2020 at Nottingham but vacated as a result of the Covid 19 pandemic. Directions were sent canvassing the parties opinion upon a remote hearing as a result of which the appellant contacted the Upper Tribunal indicating the EEA national would not attend any hearing due to his health needs and that she was happy for the matter to be determined on the papers.
The respondent's representative accepted if the appellant was not going to attend there was very little else that could be done and made further submissions which are set out below.
I find it is appropriate to determine the merits of the substantive appeal on the papers in light of the position adopted by the appellant in response to directions.
The issue in the appeal is whether the appellant's marriage to the EEA national, which was found by the First-Tier Tribunal Judge to be a valid proxy marriage was, nevertheless, a marriage entered into solely for the purposes of obtaining and immigration advantage and therefore a marriage of convenience.
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