Gay Kenyan Rugby Player Kenneth Macharia Wins Asylum Appeal– Dr Chelvan instructed – calls for Urgent Home Office Reform.

In: News Published: Monday 19 July 2021


(Photo Credit: Dale Upward-Sheppard)


For the 2021 Tribunal proceedings Dr Chelvan was instructed by Marie-Christine Allaire-Rousse and Amber Rowsell of South West Law (Legal Services in the Community) Ltd.


Speaking last Friday (16 July) following confirmation the Home Office are not appealing the positive June 2021 Tribunal determination, Kenneth Macharia reflected on his 5-Year Battle with the Home Office:


“When I tell people close to me the news, they are jumping with joy and excitement, I put on a smile and pretend to share the same level of enthusiasm. It’s been a very long struggle, since 2016. I have had my hopes crushed too many times. I can’t help wondering what will go wrong. The sadness has not gone away. I used to be optimistic. It will be a while before I am again.

I am very grateful for all the support I have received. Very many people came to my aid at my time of need. The list is very long, some I know, some I don’t. Thanks to each and everyone of you. It will take me a bit of time to truly believe this nightmare is over and be at the same level of enthusiasm as you."


The 24 June 2021 determination of the First-tier Tribunal provides legal certainty for KM, a gay man from Kenya, who will now be able to stay in the UK as a refugee. KM’s story highlights the urgent need for the Home Secretary to review and apply structural reform to her Country Policy and Information Team , as recommended by the Independent Chief Inspector last September, in order to improve Home Office decision-making currently affecting the lives of those unlawfully refused asylum in the UK.


To access the Case Note by Dr Chelvan (19 July 2021) please click here:

To access the 24 June 2021 FTT Determination allowing the appeal on Asylum and Human Rights Grounds, please click here:

To access the March 2021 paper by Dr Chelvan submitted for the 9 March 2021 Home Office National Asylum Stakeholders-Forum Equality Sub-group, addressing CPIT approach to Sri Lanka, please click here.

To access the website of South West Law (Legal Services in the Community) Ltd., please click here.