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The appellant is a citizen of Kenya born 12 December 1981. He entered the United Kingdom as a student on 13 January 2003, his leave subsequently being varied so as to expire on 31 October 2004. The appellant was thereafter granted four years leave to remain as a UK Ancestry Migrant, leave in this capacity last being conferred until 11 September 2013.
On or around the 29 July 2011 the appellant made an application for Indefinite Leave to Remain. This application was refused by the Secretary of State in a decision dated 9 May 2014, pursuant to paragraphs 193(iv), 322(1A) and 322(2) of the Rules – ostensibly on the basis the appellant submitted documents with his application (and previous applications) which the Registrar of Births and Deaths in Kenya has now identified as not being ‘genuine’.
On the same date the Secretary of State made a decision to remove the appellant pursuant to section 47 of the Immigration, Asylum and Nationality Act 2006.
The appellant appealed the aforementioned decisions to the First-tier Tribunal. This appeal was heard by First-tier Tribunal Judge Pacey and dismissed in a determination promulgated on 13 November 2014 – Judge Pacey being satisfied that the birth certificates the appellant had relied upon in his application to the Secretary of State were not genuine.
The appellant sought, and obtained, permission to appeal to the Upper Tribunal; the grounds lodged in support of such application being in the following terms:
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