Automated Summary
Key Facts
The Appellant, a Ghanaian citizen born on 23 November 1989, applied for a residence card as the spouse of a Finnish EEA national (Mr. Kwaku Tabi) under the 2006 EEA Regulations. The marriage was conducted by proxy under Ghanaian customary law in September 2011. The initial appeal was allowed by the First-tier Tribunal on 18 June 2014, which found the marriage valid under UK law. However, the Upper Tribunal dismissed the appeal on 1 September 2014, determining the First-tier Judge had erred by failing to assess whether the marriage would be recognized under Finnish law. No evidence of Finnish recognition was provided by the Appellant.
Issues
Whether the Appellant's Ghanaian customary marriage, conducted by proxy in 2011, is recognized as valid under Finnish law for the purposes of the 2006 Immigration (European Economic Area) Regulations, particularly in light of the Upper Tribunal's guidance in Kareem (Proxy marriages – EU law) Nigeria [2014] UKUT 24.
Holdings
The Upper Tribunal set aside the First-tier Tribunal's decision due to a material error in law regarding the recognition of a Ghanaian customary marriage under Finnish law. The appeal was dismissed as the Appellant failed to provide evidence that the proxy marriage would be valid under Finland's legal system, which is required for EEA family member status under the 2006 Regulations. The First-tier Judge had incorrectly applied the Kareem guidance by not assessing the marriage's validity according to Finnish law, as clarified in UKUT 00316 (IAC).
Remedies
- No fee award was granted to the respondent as the appeal was dismissed, and the Upper Tribunal confirmed there can be no fee award in such circumstances.
- The Upper Tribunal found that the First-tier Tribunal had committed a material error on a point of law by not properly assessing whether the Ghanaian customary marriage was valid under Finnish law. As a result, the First-tier Tribunal's determination allowing the appeal was set aside.
- The Upper Tribunal made a fresh decision to dismiss the appeal after finding that the Appellant had failed to provide evidence that her Ghanaian customary marriage would be recognised as valid according to Finnish law.
Legal Principles
The Upper Tribunal clarified that when determining the validity of a marriage for the purposes of the 2006 Immigration (European Economic Area) Regulations, the assessment must be made by reference to the laws of the legal system of the relevant Union citizen (Finland in this case). The First-tier Tribunal had failed to address whether the Ghanaian customary marriage would be recognized as valid under Finnish law, leading to a material error in law.
Precedent Name
- Kareem (Proxy marriages – EU law)
- TA and Others (Kareem explained)
- McCabe v McCabe
Cited Statute
- Immigration (European Economic Area) Regulations 2006
- Immigration Acts
Judge Name
Deputy Upper Tribunal Judge Coates
Passage Text
- The Appellant has still failed to adduce any evidence to show that her marriage would be recognised as valid according to the laws of Finland.
- I am satisfied that there was no evidence before the First-tier Judge to show that the Appellant's Ghanaian customary marriage would be recognised as valid in accordance with the laws of Finland.
- It is difficult to see how the Upper Tribunal in Kareem could have been any clearer in its conclusion that when consideration is being given to whether an applicant has undertaken a valid marriage for the purposes of the 2006 Regulations, such consideration has to be assessed by reference to the laws of the legal system of the nationality of the relevant Union citizen (in this case Finland).