Class-Peter v Secretary of state for the home department
| Jurisdiction | England & Wales |
| Judgment Date | 06 October 1981 |
| Date | 06 October 1981 |
| Court | Immigration Appeals Tribunal |
Immigration Appeal Tribunal
A. Hooton Esq (Vice-President) Mrs J. M. Abrahams, Major R. A. K. MacAllan
R. Baker, counsel for the appellant.
B. Hunter for the respondent.
Marriage Customary law Ghana Presumption of marriage by Akan customary law Visitor's entry clearance sought by wife Married status under customary law and birth of children confirmed to entry clearance officer in writing by husband Entry clearance as visitor granted Subsequent ceremony of marriage at English register office to another man Application to extend stay as wife of man legally in the United Kingdom Further emphatic confirmation of appellant's married status under customary law given to entry clearance officer by appellant's brother Extension of stay refused on ground that validity of English marriage not shown Whether, on appeal, presumption of valid Akan customary law marriage discharged (in the absence of expert evidence) by the admissions made and family circumstances HC 80, para 24.
The appellant, a citizen of Ghana, entered the United Kingdom as the holder of a visitor's entry clearance granted to her in Accra as the wife by Akan customary law of another Ghanaian citizen (Mr E) who, with their two children, was remaining in Ghana. Shortly after arrival the appellant went through a ceremony of marriage at an English register office, and then under para 24 of HC 801 applied for an extension of her stay to coincide with that of the man legally in this country to whom she claimed she was now married.
The evidence that she had been married by Akan customary law in Ghana and that that marriage was still subsisting has been provided to the entry clearance officer by herself and, in writing, by Mr E (who also referred to their children) when she applied for an entry clearance; but in reply to a Home Office enquiry the appellant now said that she was not legally married in Ghanaher position there was that of a mistress living with her fiance. The entry clearance officer then, on a request from the Home Office, interviewed the appellant's brother, and he confirmed emphatically the appellant's married status under Akan customary law. An extension of stay was refused on the ground that the Secretary of State was not satisfied that the appellant had contracted a valid mariage in this country.
On appeal against this refusal the Secretary of State did not adduce any expert evidence as to the validity or otherwise of the alleged marriage under Akan customary law, and the adjudicator was satisfied that the onus on the Secretary of State of rebutting the presumption of the validity of the English marriage had been discharged by the very statement of the appellant herself to the entry clearance officer, supported by Mr E's letter that she was his second
wife and by the emphatic statement of her brother that she was married to Mr E; the adjudicator was also satisfied on a balance of probabilities that the Ghanaian marriage subsistedOn appeal to the Tribunal it was submitted for the appellant that the validity of the alleged marriage in Ghana was not substantiated by the statements made to the entry clearance officer, nor by the incidents (gifts, etc) referred to by the appellant's brother, since these incidents were consistent also with a betrothal ceremony; the validity of the marriage could be proved only by expert evidence on Akan customary law.
Held (dismissing the appeal): (i) the adjudicator's conclusion was reasonable on the evidence, inasmuch as the couple concerned in Ghana had vouched for their marriage, the appellant's brother had said it was valid by Akan custom, the appellant was clearly regarded by the family as Mr E's wifenot his mistress, and she had two acknowledged children by him;
(ii) in these circumstances the presumption of a subsisting Ghanaian marriage was not rebutted by the lack of expert evidence on Akan customary marriage law.
Determination
The appellant is a citizen of Ghana, born on 29 January 1955. She appeals to the Tribunal against the determination of an adjudicator (Mr J. K. Brownlees) dismissing the appeal against the refusal by the respondent on...
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