IA031772014

Whilst this is an appeal by the Secretary of State for the Home Department for convenience I will refer to the parties in the determination as they appeared before the First-tier Tribunal.

The appellant, a national of Pakistan, appealed to the First-tier Tribunal against the decision of the Secretary of State of 21 November 2013 to refuse his application for a residence card as confirmation of a right to reside in the UK under the Immigration (European Economic Area) Regulations 2006 (the EEA Regulations) as the spouse of Norah Langan, an Irish national. The respondent interviewed the appellant and his spouse and concluded that the marriage is one of convenience. First-tier Tribunal Judge Hunter allowed the appeal.

The issue in this appeal is whether the First-tier Tribunal Judge properly applied the burden of proof in considering whether the marriage is one of convenience.

The respondent contends in the grounds of appeal to the Upper Tribunal that the Judge erred in reversing the burden of proof onto the respondent to show that the marriage is one of convenience.

The Tribunal gave guidance on the appropriate burden of proof in the case of IS (marriages of convenience) Serbia [2008] UKAIT 31 where it said;