Gurkhas win right to settle in Britain

For generations, they have shown great courage and loyalty, fighting for Britain in countless wars. Last night, the Gurkhas were celebrating one of their most famous victories – in a legal battle that has given them the right to settle in the UK.

The landmark ruling by the High Court was an official recognition of the unswerving service that the fearless Nepalese soldiers had given to Britain, often at great personal cost. This, said the judge, Mr Justice Blake, earned them "an unquestionable moral debt of honour" from the British people.

The judge's decision was greeted with a roar of approval by Gurkhas and their supporters packed into the court. Minutes later, a cheer went up from several hundred others, including British ex-servicemen, who had gathered outside with flags flying and bagpipes playing.

A Government ruling that denied Gurkhas who retired from the Army before 1997 an automatic right to live in the UK was discriminatory, illegal and needed urgent revision, The judge said. His decision came at the end of a judicial review of Home Office policy in a test case brought by five veterans and the widow of another. Their solicitor, Martin Howe, said: "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."

Under current rules, former Gurkha soldiers who retired before 1997, when the Brigade of Gurkhas moved its base from Hong Kong to Hampshire when the city reverted to Chinese control, have to demonstrate "strong ties" with Britain to obtain permission to settle.

The five veterans who brought the legal action – L/Cpl Gyanendra Rai, Deo Prakash Limbu, Cpl Chakra Limbu, L/Cpl Birendra Shrestha and Bhim Gurung – all applied to settle in the UK but were refused entry by staff at the British embassy in Kathmandu and the high commissions in Hong Kong and Macau. The Gurkhas in the test case represented about 2,000 more who were turned away, despite having fought for Britain in the Second World War, Malaya and the Gulf.

Veterans such as Lachhiman Gurung, 91, and Tul Bahadur Pun, 86, who both received Victoria Crosses for bravery and who attended yesterday's hearing in their wheelchairs, should in future find it easier to convince officials that they have ties binding them to Britain.

The Home Secretary, Jacqui Smith, 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 to the Gurkhas by reviewing all cases by the end of the year."

Nick Clegg, the Liberal Democrat leader, added: "I have always felt that if someone is prepared to die for this country, then they should have the right to live in this country. The key thing now is to look at the ruling in detail and to make sure the Government translates that into action and doesn't try and squirm out of it."

The actress Joanna Lumley, whose father served with the Gurkhas in Burma during the Second World War, had attended the case to express her support. She said: "This day is more important than I can tell you because it gives our country the chance to right a great wrong and to wipe out a national shame that has stained us all."

Wartime legends: The VC heroes of Burma

LACHHIMAN GURUNG, 91

Rifleman Gurung, then 27, was manning a frontline position in Burma in 1945 when his platoon came under attack from about 200 Japanese troops. As he picked up enemy grenades and hurled them back from his trench, one exploded, blowing off his fingers, shattering his arm and maiming his face, chest and right leg. He fought on for four hours, killing 31 Japanese troops in the process.

TUL BAHADUR PUN, 86

In 1944, all but three of Rifleman Pun's section were killed as they attacked a rail bridge in Burma. Armed with a Bren gun, he charged an enemy position alone, killing three Japanese and putting half a dozen more to flight. Instead of fleeing to safety, he used two captured machine-guns to provide covering fire, saving the lives of his comrades and allowing the rest of the platoon to reach its objective.