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The appellant was born on 16 March 1982 and is a citizen of Nigeria. He applied on 9 October 2012 for a residence card as a confirmation of a right of residence in the United Kingdom under the Immigration (European Economic Area) Regulations 2006.
He contends that he entered into a customary marriage with a Miss Barbora Gabcova. He produced certain documents in support of that position.
It was his decision that his appeal should be dealt with on the papers and accordingly his appeal was considered by First-tier Tribunal Judge Harris on the papers on 28 February 2013.
The judge noted that the appellant had not addressed the issue whether his marriage was by proxy or by other means or whether he indeed had been present with his wife at the ceremony. It was noted that there was no statement from the appellant or sponsor in support of the appeal to explain the documents or provided evidence of a durable or subsisting relationship.
Complaint is made in the grounds of appeal that indeed a statement of the appellant had been submitted. It is dated 1 March 2013 and sent to the Tribunal under cover of a letter of 5 February 2013 being date stamped received at Newport on 4 March 2013. It had not made this way to the judge. That fact is not surprising given that the decision was written before the receipt of the statement by the Tribunal.
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