Gurkha veterans celebrated victory yesterday in their battle for the right to settle in Britain.
Hundreds of the Nepalese former fighters and their families cheered outside the Royal Courts of Justice in London after a High Court judge ruled the UK Government’s immigration policy barring them was unlawful.
They were joined by actress Joanna Lumley, whose father fought with the Gurkhas in Burma during World War 11.
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, Mr Justice Blake, said Mr Fitzgerald had advanced “powerful submissions” for the Gurkhas.
He said government immigration policy “irrationally excluded material and potentially decisive considerations” or “was so ambiguous” as to mislead applicants, entry clearance officers and immigration judges alike.
Home Office instructions to the clearance officers were unlawful and need urgent revisiting, he said.
The judge quoted from the military covenant that soldiers are expected to make personal sacrifices, put the nation’s needs above their own, and in return should expect fair treatment, and be valued and respected.
He 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: “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 to challenge the lawfulness of government policy that Gurkhas who retired before July 1997 – when their base was moved from Hong Kong to the UK – did not have the necessary “strong ties” to be allowed entry.
The Gurkhas in this test case represent about 2,000 others refused entry.
Among the claimants were 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 the 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 World War 11 including the jungles of Malaya.
Home Secretary Jacqui Smith, who was ordered to reconsider the policy, 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 agreed that our cut-off date of 1997 is fair. However, in light of the 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.”