EA001822020

The appellant appeals with permission against the decision of First-tier Tribunal Judge S. Aziz promulgated on 9 March 2020 to, dismissing his appeal under the Immigration European Area) Regulations against a decision of the respondent to refuse to issue him with a residence card confirming his right of residence as the spouse of a French citizen exercising Treaty Rights in the United Kingdom.

The appellant's case is that he was married to a French National by proxy, the ceremony being carried out in Nigeria. The respondent did not accept that the marriage was valid, nor was she satisfied that the appellant's spouse was employed as claimed.

The appeal was determined without a hearing. The judge was not satisfied by the documentary evidence provided that the appellant's wife is employed as only photocopies has been provided, and that even had they been originals, he would not have been satisfied that she is employed as claimed [26]. The judge also found that the marriage was not valid, again on the basis that only photocopies of documents had been provided and he was not even satisfied that the marriage had taken place [28].

The appellant sought permission to appeal on the grounds that the judge had erred

(i) In failing to take into account the photocopies as evidence given that the directions expressly stated that only photocopies were to be send to the First-tier Tribunal;