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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 appellant is a national of Nigeria. On January 24, 2014 she applied as a spouse of an EEA national for a residence card confirming her right of residence in the United Kingdom but this was refused on March 16, 2014 by the respondent on the grounds that the marriage was not recognised and that it was a marriage of convenience.
The appellant appealed this refusal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 and Regulation 26 of the 2006 Regulations.
The matter came before Judge of the First-tier Tribunal Cooper on March 11, 2015 and in a decision promulgated on April 20, 2015 the Tribunal allowed her appeal to the extent that it was remitted back to the respondent for lawful decision to be made.
The respondent applied for permission to appeal on April 23, 2015 submitting the Tribunal had erred by not following the decisions in Kareem (Proxy marriages-EU law) [2014] UKUT 24 and TA and others (Kareem explained) Ghana [2014] UKUT 316 . Permission to appeal was granted by Judge of the First-tier Tribunal Fisher on June 10, 2015.
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