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The appellant is a national of Niger born on 28 th July 1986 and she was granted permission to appeal against a decision of First-tier Tribunal Judge Lucas, promulgated on 15 th June 2018, dismissing the appeal against the decision of the Secretary of State dated 29 th December 2016. The Secretary of State refused a residence card under the Immigration (European Economic Area) Regulations 2016 ('the EEA Regulations') under Regulations 7 and 6 with reference to regulation 2 of the EEA Regulations.
The judge recorded that the refusal decision took place on 29 th November 2018 (although it would appear that the decision was in fact made in December) and identified the contents of the decision letter. The full decision no longer appears to be on file. Nonetheless the application was clearly made as a spouse and the issues were whether the marriage was one of convenience and alleged deception in the application form by the appellant.
'The burden of proof is upon the Appellant and the standard of proof is of the balance of probabilities' .
(i) the grounds of appeal to the First-tier Tribunal challenged the record of the visit to the sponsor and the record thereof but no attempt was made by the judge to direct himself in accordance with Miah (interviewer's comments: disclosure: fairness) [2014] UKUT 515 (IAC) .
(ii) the judge failed to follow Sadovska v SSHD [2017] UKSC 54 . It was for the Secretary of State to prove, at the outset, that the marriage was one of convenience.
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