OA015372014 & OA015382014

Whereas the original respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.

The appellants, born March 7, 1980 and August 24, 2007 respectively are citizens of Kenya. The first named appellant submitted an application on December 4, 2013 for entry clearance as a spouse. The second named appellant is the first-named appellant�s daughter from a previous relationship and she applied for admission as her dependant.

The first-named appellant married the sponsor, Abdul Rahman Mohamed Juma, in Mombasa on October 18, 2013 having last seen him on September 15, 2013. The marriage is said to be a proxy marriage. The respondent refused their applications on December 23, 2013.

The respondent refused the first-named appellant�s application because she was not satisfied that proxy marriage are legal in Kenya and her application was refused under Section EC-P.1.1(d) of Appendix FM of the Immigration Rules. The second-named appellant�s appeal was refused because his mother�s appeal had been refused and his was refused under Section EC-C.1.1(d) of Appendix FM.

The appellants appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on January 21, 2014. The respondent reviewed the grounds of appeal on April 7, 2014 but maintained her decision. On September 22, 2014 Judge of the First Tier Tribunal Pacey (hereinafter referred to as the �FtTJ�) heard their appeals and in determination promulgated on October 2, 2014 she allowed their claims under the Immigration Rules.