Supreme Court confirms that burden for proving marriage of convenience rests with Home Office

The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) [2017] UKSC 54.

In unanimously allowing the appeal, the Supreme Court ruled that the burden of proof of establishing a ‘marriage of convenience’ falls on the Home Office.

In light of these findings, the Supreme Court remitted the case for a full re-hearing by the First-tier Tribunal.