Successful appeal against a removal of a man in a genuine marriage
By Danielle Cohen Immigration Law Solicitor LinkedinDanielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
We have assisted an Albanian national against the decision to remove him from the UK. The Albanian national and his EU national partner were interviewed with regard to their intention to get married and the refusal of the application was on the basis that the Secretary of State believed that the marriage was not genuine. Whilst an appeal was pending the applicant was detained whilst reporting at Becket House, and we challenged the detention on the basis that he is married to an EA national with a right to reside in the UK and the decision to detain him or remove him amounted to a disproportionate interference with his and his wife’s rights under Article 8. His removal directions were set and we had to act for the removal directions to be deferred and challenged by way of Judicial Review, we were successful as the marriage was not one of convenience and he was granted a five years residence permit to live in the UK with his European spouse