VA166542013

This is an appeal against the determination of First-tier Tribunal Judge Thorne, promulgated on 25 th April 2014, following a hearing at Hatton Cross on 9 th April 2014. In the determination, the judge allowed the appeal of Mr Kassim Shehe. The Respondent Secretary of State, subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male and a citizen of Kenya. He was born on 3 rd March 1989. He appealed against the decision of the Respondent dated 16 th July 2013 to refuse him entry clearance as a visitor under paragraph 41 of HC 395 in order to visit his UK Sponsor, Mr Adam Salkeld, with whom he is in a relationship.

In his witness statement, the Appellant states that he worked for the ICWE in a freelance capacity since 2010, and that �he missed the Sponsor and wanted to be able to visit him and his friends and family in the UK� (paragraph 19). The judge also heard from the Sponsor, Mr Salkeld, and observed that, �I found him to be a reliable and honest witness. His account was inherently plausible, internally consistent and accorded with the available documentary evidence. His credibility was not challenged in cross-examination� (paragraph 20).

It was in these circumstances that the judge considered the law. He observed that,

�my task on an appeal on an ECHR ground against the decision of the primary official decision maker, refusing leave to enter or remain in the UK, was to decide whether the challenged decision was unlawful as incompatible with an ECHR right or compatible and so lawful� (paragraph 29).