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For the Respondent : Ms L Appiah, of counsel (instructed by Kilic and Kilic Solicitors)
For the sake of convenience I shall refer to the appellant as the secretary of state and the respondent as the claimant.
The claimant is a national of Ghana, born on 28 th September 1973. He appealed before the First-tier Tribunal against the decision of the secretary of state refusing his application made on 7 th July 2013 for a residence card pursuant to Regulation 17 of the Immigration (EEA) Regulations 2006 (�the 2006 Regulations�). His application was based on his proxy/customary marriage in Ghana to Ms Anais Hofe, a French national exercising Treaty rights in the UK. He was represented at the hearing by Ms Appiah. The respondent was also represented.
The respondent was not satisfied that his claimed proxy marriage had been properly executed so as to satisfy the requirements of the law of Ghana.
His application was also refused under Regulation 8(5) of the 2006 Regulations. At page 7 of the reasons for refusal, the secretary of state contended that due consideration to this claim had been given �as an alternative.� The claimant had provided no evidence that he resided together as a couple at the same address prior to the date of the alleged customary marriage certificate. Nor was there evidence that they even knew each other or had met prior to the date of the customary marriage being issued abroad.
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