IA221182015

For the Respondent: Mr M Al-Rashid Counsel instructed by David A Grand Solicitors

Although this is an appeal by the Secretary of State I refer to the parties as they were in the First-tier Tribunal.

The Appellant, a citizen of Ghana, appealed to the First-tier Tribunal against the decision of the Secretary of State dated 1 st June 2015 to refuse her application for a residence card as confirmation of a right to reside in the UK as the spouse of Mr William Amankwah, a Dutch national (the Sponsor). First-tier Tribunal Judge Seelhoff allowed the appeal in a decision promulgated on 26 th September 2016. The Secretary of State appeals against that decision with permission granted by First-tier Tribunal Judge Saffer on 19 th April 2017.

The background to this appeal is that the Appellant claims to have entered the UK in September 2001 on a visit visa valid until March 2002. She was arrested on 27 th March 2008 working illegally in reliance on a forged Home Office letter. Following her arrest she was sentenced to eight months' imprisonment. She informed the Home Office that she had married a Dutch national and she was released from detention and was ultimately granted a residence card on the basis of her marriage on 18 th February 2010.

"I do not agree with Counsel's argument that the Home Office is in some way estopped from arguing that a relationship is one of convenience simply because they have previously issued a residence card. On the contrary if new information comes to light it must be incumbent on the Respondent to act on that information."