Pakistani Man Refused Residence In UK Over ‘Sham Marriage’ Wins Appeal

A Pakistani man married to a Polish citizen whose application for residence in the United Kingdom was refused on the basis that the marriage was a “sham” has successfully appealed to have his case reconsidered.

The Inner House of the Court of Session upheld the appellant’s argument that the First-tier Tribunal applied the “wrong onus of proof” by proceeding on the basis that it was for him to prove that the marriage was not a sham, rather than on the respondent to show that it was.

Opinion of the Court  Delivered By Lord Menzies

In The Cause  by  Usman Asim Against  SSHD

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