Automated Summary
Key Facts
This case concerns Angela Ahenfie's EU Settlement Scheme (EUISS) application, which relied on a proxy marriage to a Dutch national in September 2020. The Secretary of State initially refused the application, citing the marriage's registration in Ghana on 24 March 2021 (after the 31 December 2020 deadline). The First-tier Tribunal Judge Buckwell allowed the appeal, finding the proxy marriage valid from 12 September 2020. The Upper Tribunal set aside this decision, noting the Judge failed to address whether the marriage's registration post-deadline invalidated it under EUSS requirements. The appeal was ultimately dismissed by consent, with the parties agreeing to vacate the scheduled hearing due to Ahenfie's decision to no longer pursue it.
Issues
The primary legal issue addressed in this case is whether a proxy marriage's undertaking, which was completed before the specified deadline of 11pm GMT on 31 December 2020, is sufficient to establish eligibility under the EU Settlement Scheme (EUISS) when the marriage was formally registered after the deadline. The Upper Tribunal ruled that the First-tier Tribunal erred in law by relying solely on the proxy marriage's undertaking date (12 September 2020) rather than its registration date (24 March 2021) in determining compliance with EUSS requirements. This error invalidated the original decision, leading to the dismissal of the respondent's appeal.
Holdings
- The Upper Tribunal set aside the First-tier Tribunal's decision for material error of law, as the Judge failed to provide lawful reasons for accepting the proxy marriage date (12 September 2020) instead of the registration date (24 March 2021) as sufficient to meet EUSS requirements by the 31 December 2020 deadline.
- The Upper Tribunal remade the decision, dismissing the Secretary of State's appeal and affirming that the marriage did not meet EUSS criteria by the specified date (11pm GMT 31 December 2020) due to its registration occurring after this deadline.
Remedies
- The Upper Tribunal dismissed the Secretary of State's appeal against the First-tier Tribunal's decision, under the Tribunals, Courts and Enforcement Act 2007.
- The decision of the First-tier Tribunal, which allowed Ms Ahenfie's appeal, was set aside due to a failure to provide lawful reasons regarding proxy marriage validity under EUSS rules.
Legal Principles
The Upper Tribunal proceeded under Rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008 to dismiss the Secretary of State's appeal. This decision was based on the parties' agreed consent order, the need to avoid unnecessary costs, and compliance with the common law duty of fairness as established in Osborn v. The Parole Board [2013] UKSC 61 and JCWI v. President of the Upper Tribunal [2020] EWHC 3103 (Admin). The Tribunal emphasized that the First-tier Judge failed to provide lawful reasons for accepting the proxy marriage's validity based on its undertaking rather than registration by the specified EUSS deadline.
Precedent Name
- JCWI v. President of the Upper Tribunal (Immigration and Asylum Chamber)
- Osborn v. The Parole Board
Cited Statute
- Tribunal Procedure (Upper Tribunal) Rules 2008
- Tribunals, Courts and Enforcement Act 2007
Judge Name
Upper Tribunal Judge O'Callaghan
Passage Text
- The decision is remade and Ms Ahenfie's appeal is dismissed.
- I set aside the decision of the First-tier Tribunal in its entirety. There was a failure by the Judge to provide lawful reasons for accepting that the undertaking of the proxy marriage alone prior to 11pm on 31 December 2020, and not its registration after this date, was sufficient to meet relevant EUSS requirements.
- I find that the correct following of the proxy marriage requirements means that a valid customary marriage took place and was valid from 12 September 2020. Therefore, the marriage is found to have taken place before 31 December 2020.