Donegal-based ‘sham marriage’ case struck out

A Donegal-based couple suspected of planning to engage in a sham marriage have won their legal battle to be allowed to marry.
High Court proceedings brought by the couple against the Civil Registration Service and the HSE have been struck out after a superintendent registrar concluded there was no evidence to uphold an initial objection to their marriage.
The couple, an Indian man seeking asylum in Ireland and a woman originally from the UK’s intention to marry was objected to under legislation introduced in 2016.
They gave notice of their intention to marry in November 2016, the man then attended for an interview with a registrar in October 2017.
According to the Independent, two months later he was informed the registrar believed they were about to embark on a marriage of convenience and they were denied permission to marry.
This initial decision was referred to a superintendent registrar for a decision, submissions on behalf of the couple were made to the superintendent registrar in July last by human rights solicitor Siobhan Conlon.
The couple initiated proceedings last November seeking orders directing the superintendent registrar to make a decision, after a lengthy wait.
A decision was finally made shortly before Christmas not to uphold the initial objection and the case was struck out on consent when it came back before the High Court earlier this week.
The couple were said to be “delighted” by the decision and are understood to have since married.
Figures revealed by the Irish Independent last month showed that a fifth of the 320 objections raised by registrars in the last two years were overturned.