On 30th September 2008, High Court Judge, Mr Justice Blake found that Gurkha veterans who were refused visas to settle in the United Kingdom because they retired from the regiment before 1997 were treated
unlawfully by the British Government and that the policy used to reject them was misleading.
The judge ruled that the Ministry of Defence's 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 for the Home Office to "take political responsibility for the outcome where it is answerable to the electorate."
He also ordered the Home Office to pay
80% of the costs of the case.
Another "inconsistency" he said, was the failure of Gurkha veterans of the Falklands war to obtain visas.
Mr Justice Blake contrasted this with the government's treatment of Falkland islanders. It seemed "curious" he said, for the Home Office to conclude that the islanders had sufficient connections with the UK to be allowed residence "but those who risked their lives and limb to bring them their freedom did not."
Martin Howe, the human rights lawyer representing the Gurkhas, called the ruling "A tremendous and historic victory."
Listen
http://download.guardian.co.uk/audio/kip/standalone/uk/1222848996400/3115/gdn.nws.081001.tm.Audrey-Gillan.mp3
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The Gurkhas had good reason to celebrate following the ruling " but it is just the first step on the march to Justice. For example, the Ghurkas still only receive a quarter of the pension received by British and Commonwealth troops.
And that includes those who are fighting out in Iraq and Afghanistan for us, right now.
The ruling only says that the MOD has been unlawful in their treatment of Gurkhas with regards residency in the UK" it makes no ruling as to what the revised treatment
should be. For instance, the Government may still try and deny men such as Lance Corporal Rai, whose story appeared recently in the Guardian. (I'll post that up later).
Now is the time for us all in Britain to demand that the Government DO THE RIGHT THING
A message from Ms Lumley to the British Public
The Gurkhas have indeed won a famous victory in their landmark case this week (Residency ruling, October 1). However, the judge was only able to declare the current policy that excludes pre-1997 Gurkhas from the right to live in the UK as unlawful. Only the government can put in place the new policy that the British people want - the right of all Gurkhas to settle in the UK irrespective of the date of retirement. There is a real danger that the government will fudge this opportunity and bring in new rules that still discriminate against pre-1997 retirees. I am asking the British public to sign up to my website in their millions so that I might go, within days, to the prime minister with the largest ever petition on this issue to show him the strength of feeling from all sections of society.
Joanna Lumley
www.gurkhajustice.org.uk
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One Gurkha
On June 11 1982, Lance Corporal Rai - a drummer with the 1st Battalion, 7th Gurkha Rifles - almost lost his life during the final assault on Port Stanley. Seriously injured, he received five pints of blood donated by British soldiers, and the skin that was grafted upon the hole in his back was taken from one of his fallen comrades.
Rai retired from the regiment before July 1997 and was refused a visa on the grounds that his application "failed to demonstrate strong ties to the United Kingdom".
Mr Justice Blake said of Falklands veterans such as himself that it seemed "curious" for the Home Office to conclude that the islanders had sufficient connections with the UK to be allowed residence "but those who risked their lives and limb to bring them their freedom did not".
From his home in Nepal, he said of the judgment: "I am very, very happy. I heard that we had won and I am feeling good. I would like to thank the British people who have helped us. I will apply for my visa because I absolutely want to come to the UK. I have been waiting such a long time. In the course of this legal action, seven of my fellow Gurkha veterans have died waiting and this makes me very sad. I want my visa to be processed very soon."
Rai still struggles from the pain in his side caused by the artillery and he believes he is suffering from post traumatic stress disorder, something for which there is no treatment in his home country.
"I hope that by finally being allowed into the UK I might find some peace, that the doctors will treat me and I will become better," he said.
Source: The Guardian UK
