IA030652014

The appellant, Mr Richmond Gabriel Abredu date of birth 12 th July 1979 is a citizen of Ghana. Having considered all the circumstances I do not consider it necessary to make an anonymity direction.

This is an appeal against the decision of First-tier Tribunal Judge Tiffen promulgated on 8 th January 2015 whereby the judge dismissed the Appellant�s appeal against the decision of the Respondent dated 9 th January 2014. The decision by the Respondent was to refuse the Appellant a residence card as confirmation of a right to reside in the UK as the spouse of an EEA qualified person under the 2006 Immigration (EEA) Regulations an the 2013 EEA Regulations.

By decision made on the 25th February 2015 leave to appeal to the Upper Tribunal was granted. Thus the appeal appears before me to determine in the first instance whether or not there is an error of law in the original determination.

The case relates to the relationship of the appellant and a Mrs Florence Ofori. It is claimed that Mrs Ofori and the appellant married in a ceremony conducted by proxy on the 8 th December 2012. The marriage was being performed in Ghana with the parties being represented by family members. Mrs Ofori is a Belgian national, who it is accepted, was and is exercising treaty rights in the UK as an EEA citizen.

Issues arose in the case as to whether the marriage was valid in law. The cases of Kareem (EEA proxy marriages) [2014] UKUT 24 and TA & Another (Kareem explained) [2014] UKUT 316 have established that not only must the marriage be lawful according to the law of the place of celebration of marriage but must also be lawful according to the law of the EEA country of nationality of the qualified person.