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On April 25, 2014 the appellant applied for a residence card as the spouse of a Dutch national. The respondent considered the application but refused it on May 28, 2014 stating the proxy marriage was not recognised by the Dutch authorities and in the alternative the respondent refused to exercise his discretion in issuing a residence card to an extended family member because the appellant and his �wife� had failed to demonstrate they were in a durable relationship.
The appellant appealed that decision on May 30, 2014 under section 82(1) of the Nationality, Immigration and Asylum Act 2002 and Regulation 26 of the Immigration (EEA) Regulations 2006.
The matter came before Judge of the First-tier Tribunal Edwards on October 17, 2014 and in a decision promulgated on October 30, 2014 he refused the appellant�s appeal finding the proxy marriage was not legal and the parties had failed to demonstrate they were in a durable relationship.
The appellant lodged grounds of appeal on November 3, 2014 submitting the FtTJ had erred by failing to have regard to the expert evidence that had been submitted on proxy marriages and in the alternative had failed to give due consideration to all of the evidence in respect of their durable relationship.
On December 19, 2014 Judge of the First-tier Tribunal Page gave permission to appeal finding the determination contained a paucity of reasons for finding the marriage was not genuine and permission to appeal was given on all grounds.
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