IA099162014

The respondent applied for a residence card as confirmation of the right to reside in the United Kingdom as the spouse of an EEA national exercising treaty rights in the United Kingdom. That application was refused and the respondent�s appeal came before First-tier Tribunal Judge Beg on 21 st July 2014. In a decision promulgated on 6 th August 2014 the appeal was allowed.

The appellant sought permission to appeal arguing that the judge had made a material misdirection of law in failing to follow and apply Kareem (Proxy marriages � EU law) [2014] UKUT 24 . The grounds were in the following terms:

The decision in Kareem (Proxy marriages � EU law) [2014] UKUT 24 (IAC) was promulgated on 16 January 2014. This decision provides important guidance as to how the Tribunal should determine whether a marriage has been properly contracted.

At [6] the appellant�s representative claims that the Secretary of State has misapplied the Ghanaian Registration of Marriages Act; that the appellant has complied with the Act. Further, that there was no need to consider the Matrimonial laws of France since she satisfies Ghanaian law.

This is incorrect. The law on proxy marriages involving EEA nationals has been clarified by two upper Tribunal decisions in recent times: Kareem (Proxy marriages � EU law) [2014] UKUT 24 , published on 23 January 2014) and TA and Others (Kareem explained) Ghana [2014] UKUT 316 (ICA), published on 14 July 2014. Kareem states that in cases concerning proxy marriages and EEA rights, the crucial question is whether the country of the EEA nationality recognises such marriages;