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For the Appellant: Mr S Unigwe, Counsel, instructed by Edward Marshall Solicitors
The appellant is a citizen of Ghana said to have entered into a relationship with one Glema Puzynuba, a Lithuanian national. It is the contention of the appellant that on 16 November 2012, whilst both were in the UK, the couple married under the Ghanaian customary marriage law. On 7 May 2013 the appellant applied for a residence card on the basis of this marriage.
The final document being a confirmation of the customary marriage signed by the High Commissioner for Counsellor Affairs dated 13 March 2013.
The appeal came for hearing before First-tier Tribunal Judge Gibbs on 9 June 2014. The Judge heard from the appellant and indeed from Miss Puzynuea. They first went out together in November 2008, the proposal of marriage made in 2010. They have cohabited since 2012.
The second substantial challenge was, however, that of the position set out in Kareem [2004] UKUT 24 (IAC) . That case purported to indicate that it was fundamental to the issue of a residence card that the marriage was recognised in the country of the EEA citizen namely, Lithuania. There was no evidence on that matter. The Judge, however, did not find that Kareem said that in terms and did not find that that was a requirement as set out in the case.
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