UI2022005158

             This is an appeal against a decision of First-tier Tribunal Judge Morgan promulgated on 12 February 2021 allowing an appeal against a decision dated 18 September 2019 to refuse to issue a residence card under the Immigration (European Economic Area) Regulations 2016.

             Although before me the appellant is the Secretary of State and the respondent is Mr Danquah, for the sake of consistency with the proceedings before the First-tier Tribunal I shall hereafter refer to the Secretary of State as the Respondent and Mr Danquah as the Appellant.

             The Appellant is a citizen of Ghana born on 2 December 1969. His application under the 2016 Regulations was based on being the spouse of Ms Akua Agyeman Bans (d.o.b. 5 January 1965), a citizen of Germany - (the 'Sponsor').

             The Appellant claims to have entered the UK unlawfully in 2014. There was seemingly no attempt to regularise his immigration status until November 2016 when he made his first application for a residence card under the 2016 Regulations. Then, as now, the Appellant relied upon his marriage to the Sponsor by way of a proxy ceremony in Ghana on 17 April 2015 (both the Appellant and the Sponsor being present in the UK on that date).

             The Appellant and the Sponsor were interviewed by the Respondent separately on 23 June 2017. In consequence of the interviews the Respondent determined that the Appellant's marriage was a marriage of convenience and accordingly his application was refused on 23 June 2017.