Gurkhas win right to settle in UK

Kyt · Sep 30, 2008

Excellent News!!!!!!

The Press Association: Gurkhas win right to settle in UK

Gurkhas have won their court battle for the right to settle in Britain.

Lawyers for the men who fought alongside British troops in battles over 200 years said: "Today we have seen a tremendous and historic victory for the gallant Gurkha veterans of Nepal.

"This is a victory that restores honour and dignity to deserving soldiers who faithfully served in Her Majesty's armed forces. It is a victory for common sense; a victory for fairness; and a victory for the British sense of what is 'right'."

Six claimants brought a judicial review test case against the Government, challenging what has now been declared an unlawful immigration policy which excluded veteran Gurkhas who retired before 1997 from the United Kingdom.

The Gurkhas in this test case represented approximately 2,000 others who were refused entry to the UK because the Government said they had failed to demonstrate "strong ties" to the UK.

The judge, Mr Justice Blake, made clear that the long military service of these men, their wounds sustained in battle, their conspicuous acts of bravery, their acts of gallantry and their commitment and loyalty to the Crown all point to an unquestionable historic "moral debt of honour" and gratitude which the ordinary people of Britain embrace and celebrate.

Martin Howe, of solicitors Howe and 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.

"The bonds of affection and ties of 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."

Hundreds of Gurkhas packed the courtroom to hear Mr Justice Blake give his ruling.

They were represented by five claimants, including a wounded Falklands veteran, Lance Corporal Gyanendra Rai, 52, and Gulf War veteran Rifleman Birendra Man Shrestha, 46, along with a Gurkha widow. All had applied to settle in the UK, but were refused entry by British Entry Clearance officers at the British Embassy in Kathmandu and the British High Commissions in Hong Kong and Macau.
Click to expand...

Kyt · Sep 30, 2008

Gurkha veterans claim victory in court battle for UK visas | UK news | guardian.co.uk

Gurkha veterans who were refused visas to settle in the United Kingdom because they retired from the regiment before 1997 were treated unlawfully and the policy used to reject them was misleading, a high court judge said today.

In a damning ruling for the Ministry of Defence, Mr Justice Blake said its advice to the Home Office on whether to grant settlement to the Gurkhas was confusing, resulting in "irrational and unlawful" restrictions being applied.

The policy needed "urgent revisiting", he said, setting a deadline of three months. The Home Office, he added, should "take political responsibility for the outcome where it is answerable to the electorate". He ordered the Home Office to pay 80% of the costs of the case.

Today's ruling could open the door to more than 2,000 Gurkhas who have had their visas rejected under the misleading policy.

Citing the historic military covenant – which provides UK armed forces and their families with proper care, in return for asking them to risk making "the ultimate sacrifice for their country" – the judge said: "Rewarding long and distinguished service by the grant of residence in this country for whom the service was performed would be a vindication and an enhancement of this covenant."

Five Gurkha veterans and a regimental widow sought a judicial review of the refusal to grant them entry visas on the grounds that they had "no strong ties" to the UK.

Entry clearance officers working for the British embassy in Nepal rejected the Gurkhas through what the judge said was an ambiguous policy that "irrationally excluded material and potentially decisive considerations that the context and the stated purpose of the policy indicates should have been included".

The law was "so unclear as to permit conflicting decisions". It failed to take into account years served, whether injuries were inflicted and whether medals of valour – including the Victoria Cross – were won.

The government argued that since the Gurkhas' regimental headquarters were in Hong Kong until 1997, the soldiers did not develop close enough ties to the UK.

Hundreds of ex-Gurkhas gathered outside the high court to await the ruling, along with the actor Joanna Lumley, whose father served with the Brigade of Gurkhas for 30 years.

Mr Justice Blake's ruling condemned the basis of the policy that excluded the Gurkhas. "Transparency and clarity are significant requirements of instructions to immigration and entry clearance officers that are published to the world at large, generate expectations of fair treatment and bind appellate bodies in the performance of their statutory functions," he said.

The government's policy either "irrationally excluded material and potentially decisive considerations" or else was so ambiguous as to be misleading for both applicants and immigration officials.

He compared the Gurkhas' situation to that of Commonwealth soldiers, who are automatically allowed to stay in the UK after four years' service.

Another "inconsistency" was the failure of Gurkha veterans of the Falklands war to obtain visas, he said, contrasting this with the government's treatment of Falkland islanders. It seemed "curious" for the Home Office to conclude that the islanders were sufficiently connected with the UK to be allowed residence "but those who risked their lives and limb to bring them their freedom did not".

Last year, a government review allowed Gurkhas to apply to settle under a policy known as the Armed Forces Concession, which gives a soldier serving with the British army the right to settle in Britain after four years of service anywhere in the world. For Gurkhas alone, the policy drew a line in the sand at July 1, 1997.

Mr Justice Blake questioned why the witnesses for the government were from the MoD, yet the MoD had submitted to the courts that the policy was "outside the province of that department".

The MoD wrongly advised the Home Office that the Nepali government did not want its nationals who had become Gurkhas discharged in the UK but instead wanted them returned to Nepal. The court was told this had never been the case.

The Gurkhas were not, however, discriminated against on grounds of race, a claim that the judge ruled to be "wholly unfounded".

Greeting the ruling on the court steps, Martin Howe, the human rights lawyer representing the Gurkhas, called the ruling "a tremendous and historic victory".

"It is a victory for common sense; a victory for fairness; and a victory for the British sense of what is 'right'," he said. "My clients, and the thousands of Gurkhas standing behind them, ask for nothing more from this country than the unfettered right to live amongst the British people - a people they have protected and loved throughout years of long and loyal service to the crown."

Lumley said the judgment had given the government the "chance to right great wrongs and wipe out a national stain" and vowed the campaign would continue until the policy was rewritten.
Click to expand...

Kyt · Sep 30, 2008

BBC NEWS | UK | Gurkhas win right to stay in UK

liverpool annie · Sep 30, 2008

"This is a victory that restores honour and dignity to deserving soldiers who faithfully served in Her Majesty's armed forces. It is a victory for common sense; a victory for fairness; and a victory for the British sense of what is 'right'."

AMEN !!!!!!!! :clapping:

spidge · Sep 30, 2008

What a great result!

Kitty · Sep 30, 2008

That is quite possibly the best news I have heard for months.

Hugh · Sep 30, 2008

Not before time - a victory for common sense.
Regards

Antipodean Andy · Sep 30, 2008

Brilliant!!!

John · Oct 1, 2008

Wonderful news and am glad sense has prevailed:cheer2:

CTNana · Oct 1, 2008

Thank heavens for that. Maybe this will also have raised public awareness to the injustices for our injured soldiers too.

Kyt · Oct 11, 2008

And yet they have to keep fighting

Absolutely fabulous result for Gurkhas - Hounslow Chronicle

Hounslow's two VC heroes celebrated alongside actress Joanna Lumley after a landmark ruling paved the way for thousands of fellow Gurkhas to join them in Britain.

But the victory was a bittersweet one for Tul Bahadur Pun and Lachhiman Gurung, who are fighting a fresh battle for their families to be allowed to stay.

Mr Pun, of Martindale Road, Hounslow, and Mr Gurung, of nearby Roseville Avenue, are among just 10 living holders of the Victoria Cross in the world.

Both had already won the right to live in Britain, where they have received much-needed medical treatment, but the frail pensioners are now campaigning for their children to be allowed to stay and nurse them.

Mr Pun's daughter Megh and eldest son Arjun were eventually allowed into the country a few weeks ago to see their father, who was in a critical condition at West Middlesex Hospital.

But the pair's six-month visas expire early next year and they will be forced to return to Nepal unless the Home Office has a change of heart.

"The verdict marked the end of an 18-year battle for Gurkhas to be allowed into Britain and I'm eternally grateful to the British public, without whose support this wouldn't have been possible," Mr Pun told the Chronicle this week.

"But I'm devastated that, despite my having fought for this country, my son and daughter have been refused the right to stay."

Regular Chronicle readers will be familiar with Mr Pun's heroic exploits but they are matched by Mr Gurung, who is appealing for his granddaughter Amrita to be allowed to stay.

The 90-year-old lost his right arm when a grenade exploded in his hand while he was fighting in Burma during the Second World War, but he continued to defend his post by loading and firing his rifle one-handed for an incredible four hours.

He joined Mr Pun and dozens of other jubilant Nepalese soldiers, who risked their lives fighting for the British Army, outside London's High Court last Tuesday.

Mr Justice Blake's ruling is likely to open the door to more than 2,000 veterans whose visa applications were rejected on the grounds they had 'no strong ties' to the UK.

About 200 ex-Gurkhas and relatives are already living in Hounslow, including Mr Pun's youngest son who works at Hounslow Barracks.

Ex-Absolutely Fabulous star Joanna Lumley, whose father Mr Pun saved from almost-certain death during the Second World War, hailed the judgement as a 'chance to right great wrongs and wipe out a national stain'.

Kieran O'Rourke, of Howe & Co Solicitors, told how the pair have developed a 'special bond' during the last few weeks.

"When they first met she said 'you're like my father' and he held her face in his hands and replied 'you're now my daughter'," he said.

"She's disgusted by the fact that Mr Pun's son and daughter have been given just six months to leave the country, despite the fact he could fall ill again at any minute."
Click to expand...

BTW, I went to school on Martindale Road!!

martinww2 · Oct 12, 2008

Yes indeed a great result

Antipodean Andy · Oct 12, 2008

It would seem the government's not one for lateral thinking!

Kyt · Oct 12, 2008

Very true. Considering the financial savings of having family looking after the veterans rather than the local authority I'd have thought they'd have happily allowed them to stay.

Kyt · Oct 14, 2008

Jack backs Gurkhas with Â£20k donation : Express & Star:

Wolves former owner Sir Jack Hayward is backing a campaign to allow all retired Gurkhas to settle in the UK, it emerged today.

The multi-millionaire has donated £20,000 to the cause and said it was to “repay the debt” the country owes them. More than 2,000 former Gurkha soldiers have been refused permission to live in the country because they retired before July 1997.

But last month a High Court judge ruled the Government’s policy was unlawful and needed a review.

The Nepalese fighters want parliament to change the ruling and have started up the Gurkha Justice campaign to try and bring about change.

Mr Hayward, who has a personal fortune estimated at £160 million, is now Wolves life-president after selling the club to Steve Morgan for £10 in 2007.

The 85-year old was a former RAF Flight Lieutenant during the Second World War and flew gliders behind enemy lines in Burma.

“I am delighted to give something to the Gurkhas to help, in some small way, to repay the debt I and my country owe them,” he said.

“They came from a land thousands of miles away from the conflicts of war in which this country of ours had found itself involved.

“They were never threatened, yet to a man they have volunteered to fight for us wherever they were asked.

“I flew them into war in Burma in 1944, and I know from first hand their loyalty, their galantry and their un-swerving devotion to the British Army.

“We owe them a debt we can never fully repay.”

More than 200,000 Gurkhas fought for the allies during both world wars, with 43,000 dying. A Bill which would see all Gurkhas who left service before July1, 1997 granted permanent rights to live in the UK is going for a third reading at the House of Lords today.

The tycoon has previously supported another military campaign, giving £500,000 towards restoring a historic Vulcan bomber.
Click to expand...

Kyt · Mar 17, 2009

BBC NEWS | UK | Gurkhas demand government action

Former Gurkha soldiers who are fighting for the right to settle in the UK are seeking a High Court injunction to force the government to take action.

Last September, the court ruled that immigration rules denying Gurkhas who retired before 1997 an automatic right to stay in the UK were unlawful.

Campaigners complain the cases of more than 1,300 Gurkhas wanting to settle in Britain are still awaiting reviews.

The Home Office has said it is preparing guidance for the reviews.

Campaigner Joanna Lumley, the actress, said: "The way that successive governments have treated Gurkhas who retired before 1997 is truly offensive and a stain on our national character.

"These are men who have served in the British Army, sometimes for 20 years and more.

"Many have actually seen active service and some have won our country's highest honours for valour and service, yet the government claims they 'do not have a strong enough link to the UK' to have the right to live here with us in the land they have defended with such loyalty."

Ms Lumley's father fought with the Gurkhas in World War II.

"We want the High Court to say that the new policy must be applied forthwith, immediately," she said.

Embarrassment

Martin Howe, solicitor for the Gurkhas, said: "I hope the government will be embarrassed by the fact that we are trying to get compliance with an order that has already been made.

"We want a quick hearing - within a few days - so that lawyers for the secretary of state will have to come into court to explain why she has not complied."

A Home Office spokesman said: "The revised guidance is currently under consideration and will be issued as soon as possible. Once we have published the guidance, all cases will be reviewed.

"We are determined to get the guidance right to ensure that it is fair to all Gurkhas."

Prior to last year's ruling, the government position was that Gurkhas discharged before 1997, when the regiment moved its main base from Hong Kong to the UK, were unlikely to have strong residential ties with the UK.

That meant those who wanted to settle in the UK had to apply for British residence and could be refused and deported.

The Home Office spokesman added that more than 6,000 former Gurkhas and family members had been granted settlement in the UK since 2004.

Gurkhas have been part of the British Army for almost 200 years and are hand-picked to win the right to join in a tough recruitment contest in Nepal.

They have seen combat all over the world, with 200,000 fighting in the two world wars.
Click to expand...

Kitty · Mar 17, 2009

Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr! Trust bloody labour to try and wheedle their way out of doing anything right.

Antipodean Andy · Mar 17, 2009

It's easy to say yes we'll do it and get a boost in popularity but it's a whole other thing to actually sort yourself out and do what you said you would. This will not be a success until every retired Gurkha who wants to settle in the UK has done so.

Was just thinking how interesting it would be to visit Nepal and get a greater understanding of the guys.

CTNana · Mar 26, 2009

To our everlasting shame it seems that justice is about to be done.

BBC NEWS | UK | Gurkha settlement plan 'in weeks'

Sadly too late for some!

CTNana · Apr 24, 2009

CTNana said: ↑

To our everlasting shame it seems that justice is about to be done.

BBC NEWS | UK | Gurkha settlement plan 'in weeks'
Click to expand...

Or maybe not!

BBC NEWS | UK | More Gurkhas can settle in the UK

4300 of 100,000? Not a solution nor a satisfactory interpretation of the ruling to me!

Log in or Sign up

Gurkhas win right to settle in UK

Kyt Άρης

Kyt Άρης

Kyt Άρης

liverpool annie New Member

spidge Active Member

Kitty New Member

Hugh New Member

Antipodean Andy New Member

John Active Member

CTNana Active Member

Kyt Άρης

martinww2 New Member

Antipodean Andy New Member

Kyt Άρης

Kyt Άρης

Kyt Άρης

Kitty New Member

Antipodean Andy New Member

CTNana Active Member

CTNana Active Member

Share This Page

Log in or Sign up

Gurkhas win right to settle in UK

Thread Tools

Kyt Άρης

Kyt Άρης

Kyt Άρης

liverpool annie New Member

spidge Active Member

Kitty New Member

Hugh New Member

Antipodean Andy New Member

John Active Member

CTNana Active Member

Kyt Άρης

martinww2 New Member

Antipodean Andy New Member

Kyt Άρης

Kyt Άρης

Kyt Άρης

Kitty New Member

Antipodean Andy New Member

CTNana Active Member

CTNana Active Member

Share This Page

Useful Searches