Section 48: Decision whether to investigate, Immigration Act 2014

This section applies if—

a superintendent registrar refers a proposed marriage to the Secretary of State under section 28H of the Marriage Act 1949, or

a registration authority refers a proposed civil partnership to the Secretary of State under section 12A of the Civil Partnership Act 2004.

This section also applies if—

a registrar refers a proposed marriage to the Secretary of State under Article 3E of the Marriage (Northern Ireland) Order 2003, or

a registrar refers a proposed civil partnership to the Secretary of State under section 139E of the Civil Partnership Act 2004.

This section also applies if—

a district registrar refers a proposed marriage to the Secretary of State under section 3F of the Marriage (Scotland) Act 1977, or

a district registrar refers a proposed civil partnership to the Secretary of State under section 88F of the Civil Partnership Act 2004.

The Secretary of State must decide whether to investigate whether the proposed marriage or civil partnership is a sham.

The Secretary of State may not decide to conduct such an investigation unless conditions A and B are met.

Condition A is met if the Secretary of State is satisfied that—

only one of the parties to the proposed marriage or civil partnership is an exempt person, or

neither of the parties are exempt persons.

Condition B is met if the Secretary of State has reasonable grounds for suspecting that the proposed marriage or civil partnership is a sham.

In making the decision whether to investigate, regard must be had to any guidance published by the Secretary of State for this purpose.

In the case of a proposed marriage referred to the Secretary of State as mentioned in subsection (1)(a), the Secretary of State must give notice of the decision made under this section to—

both of the parties to the proposed marriage, ...

the superintendent registrar who referred the proposed marriage to the Secretary of State , and

if different, the superintendent registrar responsible for issuing the marriage schedule under section 31 of the Marriage Act 1949 in relation to the proposed marriage.

In the case of a proposed civil partnership referred to the Secretary of State as mentioned in subsection (1)(b), the Secretary of State must give notice of the decision made under this section to—

both of the parties to the proposed civil partnership,

the registration authority who referred the proposed civil partnership to the Secretary of State, and

if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) of the Civil Partnership Act 2004 in relation to the proposed civil partnership.

In the case of a proposed marriage referred to the Secretary of State as mentioned in subsection (1A)(a), the Secretary of State must give notice of the decision made under this section to—

both of the parties to the proposed marriage, and

the registrar who referred the proposed marriage to the Secretary of State.

In the case of a proposed civil partnership referred to the Secretary of State as mentioned in subsection (1A)(b), the Secretary of State must give notice of the decision made under this section to—

both of the parties to the proposed civil partnership, and

the registrar who referred the proposed civil partnership to the Secretary of State.

In the case of a proposed marriage referred to the Secretary of State as mentioned in subsection (1B)(a), the Secretary of State must give notice of the decision made under this section to—

both of the parties to the proposed marriage, and

the district registrar who referred the proposed marriage to the Secretary of State.

In the case of a proposed civil partnership referred to the Secretary of State as mentioned in subsection (1B)(b), the Secretary of State must give the notice of the decision made under this section to—

both of the parties to the proposed civil partnership, and

the district registrar who referred the proposed civil partnership to the Secretary of State.

The Secretary of State must make the decision, and give the notice, required by this section within the relevant statutory period.

Section 48: Decision whether to investigate

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