Windrush members’ human rights were breached by Home Office, High Court ruling finds

The Home Office breached the human rights of two Windrush generation members who were refused citizenship, the High Court has ruled.

Vernon Vanriel and Eunice Tumi were denied citizenship purely because they did not meet the five year rule (after which applicants can usually request indefinite leave to remain), despite their strong connection to the UK, it was revealed.

However the only reason that they could not fulfil this requirement was because the Home Office had unlawfully prevented them from coming back to the UK earlier, and only granted them leave after the Windrush scandal, whereby black people were wrongly denied their lawful immigration status as a result of the government’s hostile environment policies.

The court found that this failure amounted to a breach of the claimants rights to private and family life and their rights not to be discriminated against in accordance with the European Convention on Human Rights.

Jeremy Bloom of Duncan Lewis Solicitors, who brought the claim to court, described the judgement as an “absolute vindication” for the claimants who have “shown amazing courage and determination” in challenging the Home Office.

“Our clients were locked out of the UK for years by the Home Office through no fault of their own, then told that they did not qualify for British citizenship because they did not meet the residency requirements,” Mr Bloom said.

“They say that they consider members of the Windrush generation to be British citizens. In these cases, it took a High Court judicial review (which the government defended to its last breath) to force them to use their discretion in a humane and compassionate way.

“The home secretary and her predecessors have been at pains to describe how important it is to them to right the wrongs suffered by members of the Windrush generation. They say that they consider members of the Windrush generation to be British citizens.”

But the lessons “haven’t been learned at all”, the solicitor said.

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“The home secretary said that she deeply regretted that there were no exceptions for members of the Windrush generation who are unable to qualify for citizenship through no fault of their own,” Mr Bloom added.

“This judgment proves that she was wrong about that, and will ensure that she acts in a compassionate and human rights compliant way when considering applications in the future.”

Mr Vanriel, 66, is a former boxer who had lived in London for over four decades after arriving as a six-year-old in 1962.

He was prevented from returning to the UK following a trip to Jamaica in 2005 and, as a result, he spent 13 years grappling with poverty and destitution before he was allowed to return to Britain in 2018.

During an interview last year with Nadine White, he said: “I’m starting to put a big question mark on whether I even feel British any more; simply because of the way the government has treated me and others affected by the Windrush scandal.

“They wronged me by not allowing me into the country for 13 years. They’ve ruined my life...”

The Central London County Court will now look at the issue of whether both claimants are entitled to damages as a result of the High Court ruling.

Home Office data shows that around 12,000 immigration applications have been refused under the Windrush scheme.

However, under Clause 8 of the Nationality and Borders Bill, which was passed through the House of Commons last week, people in similar circumstances to Mr Vanriel will now be able to obtain British citizenship much more easily.

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A Home Office spokesperson said: “The fact that Mr Vanriel and others were wrongly prevented from returning to the UK is appalling. No one should be prevented from obtaining their British citizenship because they have been failed by successive governments.

“The current outdated law, regrettably, does not allow the five year requirement to be waived. However, as the High Court has now ruled that this can be done in exceptional circumstances, we will immediately consider the cases covered by this judgment.

“The home secretary has already written to Mr Vanriel to apologise and express her frustration over the legal barriers he faced and we have acted to change the law through our Nationality and Borders Bill which will allow people in similar circumstances obtain British citizenship much more easily. “

The spokesperson continued: “We remain determined to address the terrible injustices experienced by the Windrush generation – and continue to work hard to make sure people receive every penny of compensation that they are entitled to as quickly as possible.”

The ruling comes as the home secretary faces legal action over the Windrush Compensation Scheme’s failure to pay out to victims – with just 5 per cent receiving money in the four years since the scandal came to light.

The Independent revealed earlier this week that Windrush Lives and Good Law Project are asking for control of the Home Office-run scheme to be given to an independent organisation to ensure victims receive long-awaited justice, as recommended by the Home Affairs Committee to increase trust and encourage more applications.