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For the Respondent: Mr E Akohene of Afrifa & Partners acting as agents for KA & Co Law Practice
Although this is an appeal by the Secretary of State I will refer to the parties as they were before the First-tier Tribunal.
The matter came before me to determine whether the First-tier Tribunal had erred in law. I found that Judge McGinty had erred in law, for the reasons set out in my decision which is appended to this determination at Annex A, and set his decision aside.
Mr Akohene informed the Tribunal that the appellant�s partner, Ms Dogbo, had gone to France on 28 th October 2014 with a return ticket for 6 th November 2014. The Tribunal was shown evidence of Eurostar tickets to Paris for Ms Dogbo corresponding to these dates. She was not therefore able to give evidence. She had gone to see her sick mother. The appellant did not want to adjourn the hearing, but the respondent applied for this to happen on the basis that it was necessary to hear the evidence of the appellant�s wife to assess whether this was a durable relationship.
On the basis of this evidence I refused to adjourn the hearing. Ultimately it was the appellant�s decision as to which evidence to present to the Tribunal and according to the appellant there seemed to be no real likelihood in the foreseeable future that his wife would attend if the matter was adjourned.
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