Asim v Secretary of State for the Home Department

Immigration – Residence – Marriage of convenience – Burden of proof. Court of Session: Allowing an appeal by a Pakistani citizen, whose application for residence in the UK based on his relationship with a Polish citizen was refused by the Home Secretary, and whose appeals were refused by the First-tier Tribunal ('FTT') and Upper Tribunal ('UT'), the court held that it was clear that the FTT proceeded on the basis that the burden of proof rested on the appellant to establish that the marriage was not a sham, that was a material error of law by the FTT, and in holding otherwise the UT itself erred in law; furthermore the FTT's errors of reasoning robbed its decision of logic and it was therefore to be regarded as irrational in legal terms.

Category: