IA224372012

The appellant is a citizen of Nigeria born on 10 th October 1979. He seeks the issue of a residence card as confirmation of a right to reside in the United Kingdom as the spouse of an EEA national exercising treaty rights in the United Kingdom. The application was refused by the respondent on 26 th September 2012. The appellant sought to appeal against that decision, which appeal came before First-tier Tribunal Judge Fisher on 9 th January 2013.

It is the contention of the appellant that he was married to the sponsor in Nigeria on 23 rd May 2011. He produces a marriage certificate to that effect. Neither he nor his sponsor in fact went to Nigeria for the purposes of marriage but contend that it was a proxy marriage as evidenced by the various documents.

An important document, which is relied upon by the appellant, is the document issued from the Lagos State Government reference number MCC/MLG/013/2011 purporting to be a marriage certificate showing that the marriage between the appellant and sponsor was one performed according to native law and custom. It is a document showing two dates namely 16 th April 2011 and 23 rd May 2011.

Reliance was placed by the respondent in the reasons for refusal upon paragraph 24.23 of a COIS Report of Nigeria which stated as follows:-

�The United States State Department Reciprocity Schedule in an undated section on marriage certificates in the country accessed on 17 th April 2011, recorded that both parties to the marriage technically must be physically present at the same location with witnesses to sign certain marriage documents, proxy marriages have ceased to be valid but still occur.�