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UK owes Gurkhas 'a special debt' | UK owes Gurkhas 'a special debt' |
(about 2 hours later) | |
Retired Gurkhas have launched their High Court battle for the right to live in the UK. | Retired Gurkhas have launched their High Court battle for the right to live in the UK. |
The test case is being brought by five ex-Gurkhas and the widow of another veteran. Their lawyer said Britain owed "a special debt" to all Gurkhas. | The test case is being brought by five ex-Gurkhas and the widow of another veteran. Their lawyer said Britain owed "a special debt" to all Gurkhas. |
Gurkhas who retired from the British Army after the regiment moved its main base from Hong Kong to the UK in 1997 have automatic permission to remain. | Gurkhas who retired from the British Army after the regiment moved its main base from Hong Kong to the UK in 1997 have automatic permission to remain. |
But those who left earlier must apply and can be refused and deported. | But those who left earlier must apply and can be refused and deported. |
The outcome of the case could affect more than 2,000 retired Gurkhas who have been denied the right to settle in the UK. | The outcome of the case could affect more than 2,000 retired Gurkhas who have been denied the right to settle in the UK. |
Strong ties | Strong ties |
At the start of the two-day hearing, Edward Fitzgerald QC, representing the former soldiers and widow, said the government's policy was "indefensible". | At the start of the two-day hearing, Edward Fitzgerald QC, representing the former soldiers and widow, said the government's policy was "indefensible". |
He told the judge, Mr Justice Blake, four of those he was representing were refused leave to enter the UK because they lacked strong ties. | He told the judge, Mr Justice Blake, four of those he was representing were refused leave to enter the UK because they lacked strong ties. |
Mr Fitzgerald went on: "We submit that the Gurkhas, past and present, all alike have strong ties to this country. | Mr Fitzgerald went on: "We submit that the Gurkhas, past and present, all alike have strong ties to this country. |
"However distant their country of origin, whatever the location of their headquarters at a particular moment in history, however remote the battlefields on which they fought and risked their lives and shed their blood, all the Gurkha soldiers were fighting for this country. | "However distant their country of origin, whatever the location of their headquarters at a particular moment in history, however remote the battlefields on which they fought and risked their lives and shed their blood, all the Gurkha soldiers were fighting for this country. |
"Against that background, the continuing exclusion of Gurkha soldiers discharged before 1997 from the Armed Forces Concession was, and is, indefensible." | "Against that background, the continuing exclusion of Gurkha soldiers discharged before 1997 from the Armed Forces Concession was, and is, indefensible." |
I want to see justice done Actress Joanna Lumley | I want to see justice done Actress Joanna Lumley |
The concession grants the right to settle in the UK to non-UK nationals who have completed four years service in the armed forces. | The concession grants the right to settle in the UK to non-UK nationals who have completed four years service in the armed forces. |
Under the Home Office's discretionary policy, strong reasons have to be shown for extending the Armed Forces Concession. | Under the Home Office's discretionary policy, strong reasons have to be shown for extending the Armed Forces Concession. |
The five ex-Gurkhas involved in the test case are L/Cpl Gyanendra Rai, Deo Prakash Limbu, Cpl Chakra Limbu, L/Cpl Birendra Shrestha and Bhim Gurung. | The five ex-Gurkhas involved in the test case are L/Cpl Gyanendra Rai, Deo Prakash Limbu, Cpl Chakra Limbu, L/Cpl Birendra Shrestha and Bhim Gurung. |
Mrs Gita Mukhiya was a special category, said Mr Fitzgerald, because she could not qualify under the Armed Forces Concession. | Mrs Gita Mukhiya was a special category, said Mr Fitzgerald, because she could not qualify under the Armed Forces Concession. |
He said he hoped the home secretary would review her case in the light of the court's findings. | He said he hoped the home secretary would review her case in the light of the court's findings. |
The case is being paid for by the Legal Services Commission, which said its funding reflects its commitment to "ensuring fair access to justice for those who need it most". | The case is being paid for by the Legal Services Commission, which said its funding reflects its commitment to "ensuring fair access to justice for those who need it most". |
Justice demand | Justice demand |
Ahead of the hearing, hundreds of supporters gathered outside London's High Court, including British actress Joanna Lumley, whose father was a Gurkha.Advertisement | Ahead of the hearing, hundreds of supporters gathered outside London's High Court, including British actress Joanna Lumley, whose father was a Gurkha.Advertisement |
Veterans who retired before 1997 don't qualify for automatic rights to stay in the country | Veterans who retired before 1997 don't qualify for automatic rights to stay in the country |
She knelt before two veteran Gurkha Victoria Cross holders in wheelchairs to offer her best wishes in the case. | She knelt before two veteran Gurkha Victoria Cross holders in wheelchairs to offer her best wishes in the case. |
"I want to see justice done," she told Lachhiman Gurung, 91, and Tul Bahadur Pun, 86, who served with her father during World War II in Burma. | |
The Gurkhas protested outside the Houses of Parliament on Tuesday and also handed a petition into Downing Street. | |
Gurkhas have been part of the British Army for almost 200 years. They are hand picked from a fiercely contested recruitment contest in Nepal to win the right to fight for Britain. | Gurkhas have been part of the British Army for almost 200 years. They are hand picked from a fiercely contested recruitment contest in Nepal to win the right to fight for Britain. |
Known for their bravery, their close camaraderie and endurance, they have seen combat all over the world, with 200,000 fighting in the two World Wars. | Known for their bravery, their close camaraderie and endurance, they have seen combat all over the world, with 200,000 fighting in the two World Wars. |
The hearing was adjourned until Wednesday when the Home Office will be defending its immigration policies. | The hearing was adjourned until Wednesday when the Home Office will be defending its immigration policies. |
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