Gurkhas win battle to stay in UK

Published on Wednesday 1 October 2008 01:50

HUNDREDS of Gurkhas celebrated a victory yesterday in their battle for the right to settle in Britain.

Retired Gurkhas and their families cheered outside the Royal Courts of Justice in London after a High Court judge ruled the government's immigration policy excluding them was unlawful.

They were joined by actress Joanna Lumley, whose father fought with the Gurkhas in Burma during the Second World War.

The High Court ruled the immigration policy that withholds an automatic right to settle from older soldiers is unlawful.

Currently, only Gurkhas who retired after 1 July, 1997, when their base was moved from Hong Kong to England, are automatically granted the right to stay.

Yet the test case involving six claimants has forced the government to announce an immediate review of the policy which is likely to open the door to many more former soldiers.

The Gurkhas in the test case represented about 2,000 who were refused entry to the UK because the government said they had failed to demonstrate "strong ties" to the UK. However, the judge, Mr Justice Blake, made it clear that the long military service of these men, their wounds sustained in battle, their conspicuous bravery, their acts of gallantry and their commitment and loyalty to the Crown all pointed to an unquestionable historic "moral debt of honour" and gratitude that the ordinary people of Britain embrace and celebrate.

Yesterday, Martin Howe, of solicitors Howe & Co, said the case had brought "a torrential outpouring of affection and concern" from the ordinary British public towards the old warriors from the hills of Nepal who have fought with the British army since the early 19th century. He said: "The bonds of affection and loyalty between the people of this country and the men from the Brigade of Gurkhas, who have unswervingly served this country for 200 years, has never been stronger."

Among the claimants was a wounded Falklands veteran, Lance Corporal Gyanendra Rai, 52, and Gulf War veteran Rifleman Birendra Man Shrestha, 46, along with a Gurkha widow.

All applied to come to settle in UK, but were refused entry by British entry clearance officers (ECOs) in Katmandu, Hong Kong and Macau.

Mr Justice Blake ruled that Home Secretary Jacqui Smith's policy on settlement applications by Gurkhas who were discharged before 1997 was unlawful.

The decisions of the ECOs in each of the claims before the court were quashed. The Home Secretary was ordered to reconsider the policy so as to permit new decisions to be taken by ECOs.

The Home Secretary said: "I have always been clear that where there is a compelling case, soldiers and their families should be considered for settlement. The judge has agreed that our cut-off date of 1997 is fair.

"However, in light of the court's ruling, we will revise and publish new guidance. We will honour our commitment by reviewing all cases by the end of the year."

There were emotional scenes outside the High Court as lawyers for the Gurkhas were garlanded with silk scarves and given three cheers by a throng of supporters and the skirl of pipe music.

Ms Lumley, whose father, Major James Lumley, fought alongside the Gurkhas in Burma, said: "I am so proud of British justice and so proud of the Gurkhas.

"At last we can begin to put this great wrong right."