29 January 2016
Rosa v Secretary of State for the Home Department [2016] EWCA Civ 14, [2016] All ER (D) 86 (Jan)
The Court of Appeal dismissed an appeal against a finding of the First-tier Tribunal (Immigration and Asylum Chamber) (FTT) that the appellant Brazilian national had entered into a marriage of convenience with a Portuguese national in order to re-enter and remain in the UK. While the legal burden of proof lay on the secretary of state throughout, the evidential burden could shift. The errors in law made by the FTT had not been material to the outcome.
