Gurkhas win right to stay in UK

Gurkhas celebrated a victory today in their court battle for the right to settle in Britain.

Hundreds of the Nepalese fighters and their families cheered outside the Royal Courts of Justice in the Strand 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.

There were emotional scenes as lawyers for the Gurkhas, including Edward Fitzgerald QC, were garlanded with silk scarves against a background of three cheers from a throng of supporters and the skirl of pipe music.

Miss Lumley 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."

The judge in the case, Mr Justice Blake, said in his ruling that Mr Fitzgerald had made "powerful submissions, powerfully advanced" for the Gurkhas.

He said Government immigration policy in this case "irrationally excluded material and potentially decisive considerations" or "was so ambiguous" as to mislead applicants, entry clearance officers (ECOs) and immigration judges alike.

Instructions given by the Home Office to ECOs are unlawful and need urgent revisiting, he said.

The judge quoted from the military covenant that soldiers are expected to make personal sacrifices and put the needs of the nation above their own and in return should always expect fair treatment and be valued and respected.

The judge concluded: "Rewarding long and distinguished service by the grant of residence in the country for which the service was performed would, in my judgment, be a vindication and an enhancement of this covenant."

Martin Howe, the Gurkhas' solicitor, said in a statement: "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."

Six claimants brought the case, which was heard last month, to challenge the lawfulness of the Government policy that Gurkhas who retired prior to July 1997 - the date that the Brigade of Gurkhas moved its base from Hong Kong to the UK - did not have the necessary "strong ties" to be allowed entry.

The Gurkhas in this test case represented approximately 2,000 others who were refused entry to the UK.

Among the claimants was 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 come to settle in 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.

The Gurkhas directly affected by this decision fought for Britain in all conflicts since the Second World War including the jungles of Malaya, the Falklands and the Gulf.

Home Secretary Jacqui Smith, who was ordered to reconsider the policy so as to permit new decisions to be taken by ECOs, said in a statement: "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."

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