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With their battle cry of Ayo Gorkhali (Forward Gurkhas), former soldiers from Nepal celebrated on the steps of the High Court yesterday after winning their battle to stay in the country they risked their lives to serve.
The Government had decided that 2,000 Gurkha soldiers who retired before July 1997 did not have the necessary “strong ties to the UK” to allow entry. Yesterday a High Court judge ruled that the Gurkhas had been treated unlawfully, and found that the immigration policy denying them visas was irrational and misleading.
Mr Justice Blake said the restrictions needed “urgent revisiting” and set the Home Office a deadline of three months to review the situation.It is now hoped that the ruling for the test case of five Gurkhas and a widow will clear the way for more than 2,000 veterans whose visa claims were rejected to finally settle in Britain.
Wearing a traditional Gurkha yellow sash, Martin Howe, the solicitor representing their case, 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’.” Seven Gurkhas denied entry as a result of the policy have died while awaiting this decision, he added.
More than 200,000 soldiers from Nepal have fought alongside the British forces for 200 years, serving in the two world wars, Iraq and Afghanistan, and have won 13 Victoria crosses.
However, unlike the majority of foreign soldiers in the British Army, who have the right to settle here after four years of service anywhere in the world, the Gurkhas do not share the same rights. In what has now been declared an unlawful immigration policy, only those who retired after July 1997, when their base was moved from Hong Kong to England, could automatically stay in Britain. The rest were told they must apply individually for permission to stay, and would be refused and deported if they failed to demonstrate “strong ties” to Britain.
During the hearing, lawyers representing the Home Office argued that “having a Victoria Cross is not necessarily a strong tie bringing the entry application within the policy”. The judgment brings veterans one step closer to retirement in Britain.
Lending her voice to the Gurkha cause was Joanna Lumley, the actress, who vowed to petition Downing Street until the policy was reviewed. Miss Lumley’s father, Major James Lumley, fought with the Gurkhas in Burma during the Second World War.
None of the six test case claimants was in court. Gurkhas who were in Britain as asylum seekers had awaited the ruling with trepidation as they feared deportation.
The six who took on the Government
— Lance Corporal Gyanendra Rai served more than 13 years with the 7th Gurkha Rifles and was wounded in the Falklands campaign. He was stationed in Britain, including for a period of two years, but when he applied to settle he was refused because he had “no strong ties”
— Deo Prakash Limbu served in the Falklands, Britain, the US, Hong Kong and Belize for more than six years, but was refused entry by a clearance officer who decided that neither the length nor the value of his services amounted to “grounds or factors which should lead me to exercise discretion in your favour”
— Corporal Chakra Limbu was refused entry because he did not satisfy the three years’ service in Britain
— Lance Corporal Birendra Shrestha served in the first Gulf War during his 15 years’ service but was excluded from the concession because he was discharged in 1994
— Bhim Gurung served between 1958 and 1970. He was refused leave because of a lack of strong ties, but he has since been granted permission to stay
— Gita Mukhiya, a widow, is in a special category because she could not qualify under the Armed Forces’ concession
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At last justice is done to the brave Gurkhas. Lets push home office to change the rule of law in black and white.
One has to raise the voice to get justice even in the so called developed countries. Why there is discrimination every where?
Suresh Sapkota, Hiroshima, Japan
I wonder if the prat who said that earning the VC was no proof of a strong tie to the UK has ever done anything more dangerous for his country than have his morning tea (or coffee)?
Harry, Christchurch, New Zealand
It is an abomination that they have had to fight for this right, which is so freely given to others less qualified. Congratulations to the Gurkhas, well done for having the determination to see this through.
Yvonne MacQuarrie, Surrey, B.C., Canada
"As I write these last words, my thoughts return to you who were my comrades....Bravest of the brave, most generous of the generous, never had a country more faithful friends than you".
Professor Sir Ralph Turner MC 3rd Queen Alexandra's Own Gurkha Rifles
Ne'er a truer word spoken I would say.
Jim , Liverpool, England
Having served alongside these Superb troops, this ruling is absolutely correct - now lets get it fully fixed and stop this bureaucratic nonsense.
They put their lives on the line for us and deserve to be treated honorably.
P Barrett BEM (Major) Retd, Plymouth,
Shame on Britian.
Well done to these noble soldiers
Frank Madigan, Capreol, Canada
Absolutely DISGRACEFUL that these loyal servants of this country have to go to court to get the right to stay here! The politicians should have sorted this out years ago -perhaps we can deport them instead then it would be a country fit for heroes!
Jeff Baldwin, Tonbridge, UK
Looking at those old guys who loved Britain and fought for the country last night, made water come to my eyes. How could the UK bear the thought of denying these persons the right to live in Britain. Why did it have to go through the courts?
Come on, it is not the terror folks.... Old guys.
Andy, BGI, BGI
The right decision has been made at last! The lawyers that argued that winning a Victoria Cross does not represent a strong tie to this country do not deserve to breathe the same air as a VC holder. Shame on the government for allowing any rubbish in but keeping out those that serve this country.
Chris, Derby,
Add your voice here:
http://gurkhajustice.org.uk/.
I find it offensive that both Conservative and Labour governments have treated these heroes so shabbily, and now illegally. Doesn't make me proud to be a UK citizen.
tone, cambridge,
I would sooner have 200,000 ex Gurkha's and their families settling in the UK than 2 illegal immigrants helping themselves to our benefits system.
Good on you Gurkha's
David Kinsley, Derby, UK
A big hand for Ms Lumley: she is as gallant as all the Gurkha's who died for us. Our maid was the widow of a Gurkha corporal KIA. She was as brave as her husband. Her pension was a pittance and she never complained. Such is the Gurkhas sense of loyalty and duty. Can you say the same of Gordon????
robbie, Melbourne, australia
Shame on the Labour Government - once again they demonstrate that they have no right to govern the people of Britain, who, as an overwhelming majority would support the Ghurkas in their right to be British and settle in these isle they so heroically fought for time and again
neil, Manchester,
Great news. Wouldn't if be fitting to have a statue erected in central London, sculpted by a British artist dedicated to the Gurkhas contribution to this country. This rabble in power should never have let it get this far.
Will, Edinburgh, UK
Great news - isn't this why we are proud of our democratic society? Well done everyone.
Gill Caton, Stoke-on-Trent, England
At last! But why does it always take a legal battle to acknowledge that we have a moral obligation to people like this? Those who served as interpreters for us in Iraq are a similar case, but a sanctimonious Foreign Office can always find some excuse for denying justice. Wake up for once Milliband
Richard Cleeve, EASTBOURNE,
I could never understand our incompetent Immigration Service allowing illegal immigrants to remain in this country yet not these might warriors from Nepal. Ah yes, I do know. The honest are punished under this government and the dishonest rewarded.
Thoughtful, London, England.
I can't believe they ever had to fight for this. Look at all the scum
and terrorists we let in. These people are more Patriotic than
95% of the people that live here.
Steve, Manchester, UK
I salute the brave Ghurkas and wish them well. I have nothing but contempt for the homeoffice for attempting to deny these brave and honorable men a place in the country they were willing to die for.
Casey, England, UK
It's a shame that this government can do this to the brave, loyal and honourable servicemen of this country.
Now it's time for GB's administration to right the wrongs to give back the Iraqi interpreters their legal rights of asylum.
Linus, Hong Kong, Hong Kong
As courageous in their long campaign for justice as they were iand still are in battle. A truely unique group of superb forces and individuals.
I truly congratulate them on their latest victory! Well done guys!
Edwin, Bucharest,
Let's hope they don't settle in the rougher parts of the country, as with the Iraqi translators... sad to say, Gurkhas are prime targets for racial violence.
Howard, Manchester,
Fantastic news why it ever had to go to court is an embarrisment to this country. If only the misrable people who refused them in the first instance could not be named and shamed. Kirk of Rotherham I know men who saw more action and hell in a few years of sevice than my ten so why 6 years
Matt Legge, Ilfracombe, England
The Gurkhas served with distinction & bravery through many conflicts over many years for Britain. How can they be good enough to die for Britain but not be good enough to live there. It is truly shameful that it had to get this far to achive a just and moral decision.
Mike P, Delta, BC, Canada
No any group and race could be treated discriminately ont only within British Army but also all over the world. It was shame thing that there was discrimination towards Gurkhas only because they come from a poor nation ?
Sudip Adhikari, Dubai, United Arab Emirates
Everyone else seems to have a right to stay here while millions of indigenous Brits are leaving because it's no longer our country so why not
John, Salford, England
Fantastic news. Did I read a few months back that Prince Harry, on active service, was billeted with Gurkhas? That's where I'd want to be, with as many of them between me and harm's way as I could find.
Flash (with obvious debt), Sydney,
Why oh why did this have to the subject of a High Court hearing? The Home Office mandarins have disgraced themselves in our name. Who are they, are they ashamed, will they be accountable for their shocking - uncivilised behaviour?. If it was to take a Court to show them the error of their ways it should have been brought to Court much earlier. However it does show British Justice at its very best. I wish my fellow Gurkhas well and apologise for nauseus behaviour of Home Office Staff who clearly know no better.
Rodney S. Barker, Gainsborough, Lincolnshire UK
Ayo Gorkhali!
Meanwhile we should ponder on this: how many had sufferred in silence until this "six" had challenged the British govt?
Can Times cover a story of the past Gurkhas who had died with little assistance (maybe Gita Mukhiya's case)?
sleepy, Canberra, Australia
Well done to the Gurkhas! Everyone in the UK is proud of you.
A lazy tabloid headline from the Times though, "Gurkhas win the right to settle in Britain" is patently wrong. The Judge has ruled the Government review it's policy - they have not "won" anything yet.
Nick Adams, Dubai, UAE
I remember talking to an ex-military Gurkha taxi driver in Pokhora. He was disappointed Maggie Thatcher tried to reduce their veterans pension. It was a pittance to begin with.
The pension money played a big role in sustaining the communities in rural Nepal.
Congrats on being recognized
Murray Hainer, Vernon, BC, Canada
The Government should be deeply ashamed. Surely there can be no greater tie to Britain than to risk your life in her name? I met some Gurkhas in Brighton some years ago on the Ditchling Beacon. Wonderful people, immensely proud to serve in the British Army. Their treatment has been a disgrace so far
Phil Shipham, Sydney, Australia
To right.
May-be the queen could use the soverigns powers to force the governments hand.
Britian is rapidly being killed the PC pollies and their daft ideas.
Could we deport the entire labour party ?
Craig, adelaide, Australia
Put your life on the line for Britain and NuLabour doesnt want you.
But...Arrive at Calais asylum seekers depot with a hatred of all things british and 20 kids and Labour will welcome you with open arms & give you a free house. PC Madness.
frank, swindon, uk
i think i speak for all of the uk THE BRITISH PEOPLE ON THE STREET WELCOMES YOU every thing i have ever read about the gurkhas bravery makes me emotional just thinking about it..................good luck to all
andy, surrat, thailand
What an arrogant government, to ignore such a popular and just cause till now. Many undeserving cases and even terrorists are allowed to flaunt the immigration laws and yet they held out against these heroes. They deserve to be kicked out for this alone.
chris clarke, chappaqua, USA
Fantastic news. The Gurkhas have been the most loyal colonial troops of the former British Empire. They deserve to be treated with the utmost respect.
Roy Faulkner, Narrabeen, Australia
I would have thought the qualities of loyalty, honour and sacrifice would make these quality people and their families ideal for UK residence as well as citizenship.
You could (and) have, done worse.
Steve Melville, Sydney, Australia
Though an Australian, add my signature to any petition concerning changing the laws concerning this.
Craig, Bell, Australia
Great news.
I served with Gurkhas in Desert Storm, OEF and Afghanistan.
Incredibly brave and loyal.
mike, Ft worth, Texas, USA
The Home Office clerks who judged that Gurkhas who had served in the British Army had no right to live in this country should be flown to Nepal immediately. A one way journey without their families and with no right of appeal would equate to justice, in my view.
Ayo Gorkhali.
Andrew Waldron, Bournemouth, UK
I can't agree more with the decision to let the Gurkhas stay.Anyone who has made the decision to fight for our country and was prepared to pay the ultimate sacrifice deserves the right to be able to stay.My grandfarther fought with the Gurkas during the second world war.
james irving, barnard castle,
fantastic result. Thoroughly deserved! Common sense and justice prevail.
Jason Eyre, Leeds, uk
One of the truly happy stories in todays troubling times..Good for the UK!
George Gilbert, Highlands, NJ, USA
Well done the courts for a change , whoever made the decision to deny these brave and hounarable people the right to live in Britain after the courage,loyalty and grace they have shown over the years should be named and forced to explain what on earth was going through their brain at that moment
dave tole, liverpool, uk
Few months ago I was shocked when I read a news one top gurkha soldier did not get treatment in MiddleSex hospital because he could not efford to pay fees. He put his life for this country during world war 2 and now he has got this kind of treatment from us.
Joseph, London, UK
Not one negative comment. Good for the Gurkhas. Now off to sign the petition.
Mark, Chicago, USA
I am so very happy about this decision, my best advice is that you start making loads of money at the tax payers expense & become non-doms.
Timothy Morgan-Wei, London,
Very glad, for all the undeserving immigrants that have come to this country, it would be ludicrous to deny these people the right to stay. They have fought for this country, whilst many recent immigrants would happily fight against it, although this traitorous Labour Gov does it for them.
Josh, Manchester, England
Excellent news. May I assure Gurkhas that whatever obstacles they faced before, this was NOT at the will of the British people, but their legislators - about whom I could make no polite comment - until today.
Well done Ms Lumley for adding your name to this cause.
JM, Oxford,
Not before time, either. But some other reports suggest the MoD may still be sulking (??)
To minimise the national disgrace this situation represented, Ms Smith and the rest of the Cabinet should make sure this most welcome Court ruling gets implemented asap.
David, Bristol, UK
Truly disgusting....
We let god knows how many illegal immigrants across the border with no checks, and then grant mass secret amnestys, yet true heroes of this country are treated like that.
Rai is better of where he is, This country has gone to the dogs, get me a ticket and i'll happily leave.
Mark Stephenson, Newark, England
Good news! Here in Aldershot, we hold the Ghurkas with high regard and it's a delight to have them living among us. Having fought for our country, they now make such a positive contribution to our town, and it's sad that the government has treated them so shabbily.
Craig Nobbs, Aldershot, UK
gary, hornchurch, england - your spot on.
Rob, Brum, UK
Add my signature to David Monier-Williams. The petition on gurkhajustice.org.uk permits signatures from British nationals only. Please add a section so that those of us who would sign to show moral support can do so!
Anne Armitage, Beverly, MA , USA
It was a terrible decision to deny the Gurkhas the right to settle here in the first place. This Govt should bow its head in abject shame that it ever got to court - but then?? The judge has made us all feel better for his decision.
M. Cawdery, Craigavon, Co. UK, EU
Why does it have to take such an effort for Nulab to be forced to do what should be so obviously fair and proper.
When one considers the vast amount of taxpayers money squandered uselessly in the last eleven years to quibble over the amounts these brave men cost us is shameful indeed.
John W Meadows, Los Altos Hills, California
The Gurkhas have done far more for this country than Fraudon Clown could ever do. Can't we deport him and his team of crooks? Not a single fair-minded soul in this county would mourn their deportation.
Congratulatipons to the Gurkhas and their team for putting this "government" to the sword.
Strap, Epping, What used to be England before Labour scorched it
Finally this is being resolved. This story has made me feel very embarrassed to be British - I dread to think how ungrateful we have seemed to be - but I am glad that it is being rectified at last. This should never have been an issue considering the welcome given to asylum seekers!
Andy, Alton, UK
Well done Britain!! A proud moral and right decision.
William, Sydney,, Australia
Excellent and about time too ! Well done that Judge.
John Haynes, Burnham on Sea, Somerset, UK
About bloody time, too. Shame on those who ever sought to deny these men.
Ordinary, fair minded bloke, Gloucester, England
This is a fair & right judgement - The MoD and this Government should be ashamed of itself for failing to support ex-soldiers. The Brigade of Gurkhas is one most respected units in the British Army, these and future ex-soldiers deserve to be treated with the respect & honour their loyalty has earned
David Harrison, Grantham, UK
Congratulations, a victory for common sense. It should not have taken a court case to bring this about.
Helena , Dunfermline, Scotland
All British servicemen and women will say 'well done '. Great blokes to serve with and terrific curry in their cookhouse.
m wilson, bidache, France
Hooray, a a right and just decision, what price an appeal to the House of Lords?- knowing this slimy dishonourable government they will probably go for one, so don't celebrate too soon
peter c, Devizes, Wessex
The Home Office sickens me
Ged, London, UK
Finally the Government gets an immigration policy right!
Rob, Bristol, UK
A victory for common sense? Please - someone - pinch me!
Nigel, Grimsby, Canada
It seems funny that this government will not let people who fought and died for this country in because they failed to show strong ties to the UK, but that does not surprise me because they let every other tom dick and harry, criminal and terrorist in no questions asked.
gary, hornchurch, england
Wonderful News!
Rita Ramsay, Glasgow, Scotland
At last a judge with commonsense.Anyone who has had any connection with the Gurkhas in the Armed forces will know these men were worth their weight in gold when it came to the fighting and it is unbelievable it had to go this far.Labour government?Long live Johnny Gurkha!!
R.Hart, Sutton Coldfield, U.K.
its a disgrace they were ever denied the right to settle here at all. how havent they shown strong ties to the country?
europeans are allowed to live here , people in the commonwealth and people who lay down their lives for us should at worst get the same treatment as people from the EU.
will, grimsby, uk
At last, some GOOD news!
Quentin Walker, Oxford, UK
A rare victory for common sense and what is 'right'. Its nice to have a good news story amongst all the doom and gloom recently. Its just a shame it had to get this far in the first place.
rob gear, southampton, uk
Fantastic news! Any other decision would have been the worst betrayal possible for such brave and loyal men. Given all they have done for us this is the least we can do for them.
John, Leics, UK
This is really a justice. They deserve it long back.
Somna, Sutton Surrey,
Finally the Government is being forced to show some honour, now lets see if there is room for a few more Iraqi interpreters....
It seems the Government is so detached from what the people feel, its shameful
Paul, LEEDS,
About time. Now lets settle the issue of Gurkha pay and pensions. Why do they still receive less that other foreign nationals serving in the armed forces?
jerry, Exeter,
Good - and about time too!
Gill, Southampton, UK
This confirms that the sense of fairplay and justice is still quite alive
Acharya, bangalore, India
Absolutely fantastic! Thank you for your service, you and your colleagues have earned your right to live and reside in this Country. A shame more of our current domiciles cant show the courage you have in life.
Chris, Oldham , UK
It's about time!
If it were legal i'd get a million signatures from here.
David. B. Monier-Williams, Scottsdale, US/AZ
Excellent!
Steve, Argyll,
Good, common sense at last, well done Joanna and the Gurkhas.
Dave, Lancashire, uk
Fantastic. These brave soldiers placed their lives on the line for the British Empire. Now it is time to return the favour. I am overjoyed at the ruling.
Hannah, Lancaster,
Marvellous for them. These brave, tenacious and honourable little fighters are the type of people that we should be welcoming . I would say though that only for those who have an Exemplary discharge and with a minimum service of say 6 years??!!!
kirk, Rotherham, UK
Excellent news. For once the high court has got it right. The Gurkhas are one of the finest regiments in the British army, they deserve to be treated with respect.
Philip , london ,