UI2023002000 & UI2023002001

           The judge found the marriage between the appellant and the sponsor to be genuine and subsisting. The appellant said it was not acceptable in Algerian society for a woman to be pregnant outside of marriage but at [24] the judge found no credible explanation why the appellant and sponsor did not have an Islamic ceremony of marriage either before the appellant was expecting a child or during her pregnancy.

           In consequence of the grant of permission the matter came before me to determine in the first place whether there was a material error of law in the decision of the First-tier Tribunal such that it fell to be set aside. If there was then I would make directions on the rehearing of the appeal. If there was not the decision at first instance would stand.

        In conclusion the appellant took up the point made in the grounds about the judge's reference to an Islamic ceremony. The appellant did not produce any background information on marriages in Algeria but she argued that the Nikah procedure (which exists in Pakistan) did not exist in Algeria. Only a civil marriage was valid and an Imam was not allowed to perform an Islamic marriage without there being a civil one. If a woman only had an Islamic marriage she would not be able to go to court and there were also financial implications to do with pensions.

        Overall this was a carefully written determination by a specialist judge, the grounds of onward appeal do not demonstrate any material error of law in the determination and I therefore dismiss the onward appeal.

The decision of the First-tier Tribunal did not involve the making of an error of law and I uphold the decision to dismiss the Appellant's appeal