Goudey (Subsisting Marriage – Evidence) Sudan: UTIAC 16 Jan 2012

UTIAC i) GA (‘Subsisting’ marriage) Ghana * [2006] UKAIT 00046 means that the matrimonial relationship must continue at the relevant time rather than just the formality of a marriage, but it does not require the production of particular evidence of mutual devotion before entry clearance can be granted.
ii) Evidence of telephone cards is capable of being corroborative of the contention of the parties that they communicate by telephone, even if such data cannot confirm the particular number the sponsor was calling in the country in question. It is not a requirement that the parties also write or text each other.
iii) Where there are no countervailing factors generating suspicion as to the intentions of the parties, such evidence may be sufficient to discharge the burden of proof on the claimant.

Judges:

Blake J P, Juss DUTJ

Citations:

[2012] UKUT 41 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 04 October 2022; Ref: scu.450977