Dangers of judicial over-thinking of EEA Law: Court of Appeal overturns flawed Upper Tribunal decision on proxy marriages

Overly thinking and excessively analysing  EEA  law  probably results in Upper Tribunal  decisions such as  Kareem [2014] UKUT 24 and TA [2014] UKUT 316 (IAC) (and of course, arguably Sala).

 

It is now evident, following on from the very recent Court of Appeal decision of Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178,  that directly as a result of Kareem,  those non – EEA nationals  who had conducted proxy marriages with  UK resident treaty exercising  EEA nationals, were most likely  denied  the benefit of rights due  to them as family members. This is because for a period of  3 years, following this Upper Tribunal decision,  such  affected persons  would have had their applications and appeals negatively  decided when  they should not have been.

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