Julian Norman in successful immigration appeal

3 December 2015

Julian Norman recently represented a non-EEA national and his EEA wife who were accused of a sham marriage. The case hinged on what happened when immigration officers came to their flat.

Julian successfully argued that the officers did not comply with their legal duties under PACE in that they failed in their duty to ensure that the Appellant knew he did not have to answer questions and that he could have access to an interpreter. Because the officers had not complied with PACE, it was decided that their evidence should be excluded. The Immigration Judge accepted that the marriage was not a sham marriage and the appeal was allowed.