Hima (appellant) v Secretary of State for the Home Department (respondent)

Tuesday 14 May 2024

This appeal concerns a national of Albania. Refusal of application for a residence card as an extended family member of a Romanian national resident in the UK. A married her one month after the application was made in 2019. SSHD found that there was insufficient evidence of co-habitation and that the marriage was one of convenience. A had previously sough entry as a spouse of a British woman in 2017 prior to his current marriage and application in 2019. The First Tier Tribunal (FTT) had then considered that that marriage was genuine but a previous application had been refused due to a very poor immigration history.
The FTT dismissed the appeal finding that the marriage was not genuine. Although A was married that marriage was not genuine. The wife was not called to give evidence.

The Upper Tribunal dismissed the appeal on the 27 January 2022.

View hearing:

Part 1

Part 2