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Nigerian not entitled to assert EU rights on foot of marriage of convenience to EU citizen

By: James Cross BL

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High Court refuses Nigerian national’s application for residence on foot of his marriage to a European Union (EU) citizen, on the grounds that he is not entitled to assert EU treaty rights - his marriage being found to be one of convenience.

Asylum and immigration – judicial review – marriage of convenience – Nigerian national refused asylum – notification of proposed marriage to Hungarian national - objection to the proposed marriage - Registrar-General decided that the marriage could go ahead – marriage took place - applied for a residence card as the spouse of an EU national – granted 5 year permission - parties separated – subsequently applied for a new residence card on the basis on the marriage – application refused - failed to submit satisfactory evidence of the EU national’s activity in the state wife’s application for disability allowance - review application – decision upheld - application for permanent residence for the applicant on the basis of EU treaty rights – application not accepted as he did not comply with the 2015 regulations - material before the court - entitlement to refuse application for residence card on the basis of a finding of a marriage of convenience – whether he is entitled to EU treaty rights – alleged errors of law - whether the marriage was one of convenience or not is not an irrelevant consideration – no failure to consider relevant matters - an application for permanent residence can only be made by persons who are entitled to exercise EU treaty rights – judicial review refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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