The parties had applied to be married. S was a European citizen, and the intended groom was an overstayer from Pakistan. They were refused a licence, and taken into custody, and now appealed against refusal of a licence.
Held: The appeal succeeded. It was for the Home Office to prove what it asserted: ‘One of the most basic rules of litigation is that he who asserts must prove. . . It was not for her [Sadovksa] to establish that her relationship with Mr Malik was a genuine and lasting one, but for the Secretary of State to establish that it fell within the definition of a marriage of convenience.’
Judges:
Lord Neuberger, President, Lady Hale, Deputy President, Lord Kerr, Lord Clarke, Lord Reed
Citations:
[2017] UKSC 54, [2017] 1 WLR 2926, [2017] WLR(D) 556, 2017 GWD 23-396, 2017 SLT 883, UKSC 2017/0031
Links:
Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Summ Vide, SC Video AM, SC Video PM
Jurisdiction:
Scotland
Citing:
Cited – The Scottish Ministers v Stirton and Another SCS 7-Nov-2014
These proceedings concern the civil recovery of the proceeds of unlawful conduct, notably money laundering, extortion and mortgage fraud, in terms of section 266 of the Proceeds of Crime Act 2002. The reclaimer contended that the crown had not had . .
Cited – Papajorgji (EAA Spouse – Marriage of Convenience) Greece UTIAC 6-Jan-2012
i) There is no burden at the outset of an application on a claimant to demonstrate that a marriage to an EEA national is not one of convenience.
ii) IS (marriages of convenience) Serbia [2008] UKAIT 31 establishes only that there is an . .
Cited – Sadovska and Another v The Secretary of State for The Home Department SCS 7-Jul-2016
. .
Lists of cited by and citing cases may be incomplete.
Immigration, Family
Updated: 28 March 2022; Ref: scu.591176