Navaraththinam v Entry Clearance Officer Colombo [2021] UKAITUR HU135462019

Immigration, capacity and marriage The appellant challenged the judge's rejection of his appeal against entry clearance refusal. The Upper Tribunal held that: (1) the judge's comments on the sponsor's capacity were consistent with the presumption of capacity (despite misgivings); (2) in any event, the judge came to her conclusions on the genuineness and subsistence of the appellant's marriage (which began with a foreign ceremony in which the sponsor had given her commication via emojis and continued without any romantic relationship) without factoring into that what she had concluded or failed to conclude about capacity.


Full judgment: BAILII


  • Repatriation cases🔍 See Repatriation for background information
  • Capacity to consent to sexual relations cases🔍

Date: 22/4/21🔍

Court: Upper Tribunal (Immigration and Asylum Chamber)🔍



  • Rajeevan Navaraththinam🔍
  • Entry Clearance Officer Colombo🔍

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Published: 21/5/21 19:33

Cached: 2021-06-19 09:00:50