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The Secretary of State appeals against a determination of Judge of the First-tier Tribunal Cockrill (the judge) promulgated on 9 th July 2014.
The Respondent before the Upper Tribunal was the Appellant before the First-tier Tribunal and I will refer to her as the Claimant.
The Claimant is a female citizen of Ghana born 27 th August 1967 who in October 2013 applied for a residence card as the spouse of an EEA national, that being her husband King Douglas Antwi (the Sponsor).
The application was made on the basis that the Claimant and Sponsor had undergone a proxy marriage on 17 th November 2012. This had taken place in Ghana. The Sponsor although a citizen of the Netherlands, is originally from Ghana. Both the Sponsor and Claimant remained in the United Kingdom but were represented at the proxy marriage by their family members.
The application was refused on 11 th December 2013. The Secretary of State did not accept that the proxy marriage was valid and therefore did not accept that the Claimant was the spouse of an EEA citizen as required by regulation 7 of The Immigration (European Economic Area) Regulations 2006 (the 2006 regulations).
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