The administrative court of appeals annulled a decision by the migration department by which the marriage of a Nigerian man with a Cypriot woman had been deemed a marriage of convenience, it announced on Friday.
The court said the migration department had not adequately investigated important elements of the case and accepted the Nigerian man’s appeal.
The wedding was held in 2019. In 2022, the groom had been informed the marriage was deemed a sham, citing the couple not living together, the absence of financial and social obligations, and conflicting statements.
However, the court said that in 2021 the couple had not given conflicting statements and that during the same year there was proof they were living together.
The court furthermore quoted the migration department as saying “their harmonious cohabitation at the current stage is not questioned.”
However, in March 2022 officers found the couple was not living together. The wife explained to the authorities that she had been living with her parents, who were not aware of the wedding as they had not approved of their relationship on nationality grounds. She also said she visited her husband on a daily basis.
The court ruled that this may have been “reasonable justification” and should have been further investigated.
It also mentioned a letter sent by the woman’s parents to the interior minister requesting that the man’s residence permit be retracted.
These actions, the court said, “probably confirm the concerns expressed by the Cypriot woman as a reason for opting to keep the marriage a secret”.
The court also said the fact that the man had previously applied for international protection could not constitute proof the marriage was a sham.
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