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The UK high court’s administrative court Thursday ruled that the human rights of two Windrush members were breached by the Home Office.
The court held that the claimants, Vernon Vanriel and Eunice Tumi, were denied citizenship purely because they failed to comply with the five years rule, as they were not present in the UK on the date exactly five years before they filed the application. The sole reason behind their failure to fulfill the residential requirement was that the Home Office had wrongfully prevented them from returning to the UK and had only granted them leave after the Windrush Scandal, wherein it emerged that black people were wrongly denied their lawful immigration status as a result of the government’s hostile environment policies.
Justice Bourne also noted that the Home Secretary had discretionary authority to disapply the requirement of the British Nationality Act 1981, which provides that a person must have been in the UK for five years before making an application for citizenship. However, the failure to exercise such discretion led to a violation of the claimants’ right to private and family life and their right not to be discriminated against, guaranteed under Articles 8 and 14, respectively, of the European Convention on Human Rights.
After the judgment, the solicitor for the claimants said:
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The court held that the claimants, Vernon Vanriel and Eunice Tumi, were denied citizenship purely because they failed to comply with the five years rule, as they were not present in the UK on the date exactly five years before they filed the application. The sole reason behind their failure to fulfill the residential requirement was that the Home Office had wrongfully prevented them from returning to the UK and had only granted them leave after the Windrush Scandal, wherein it emerged that black people were wrongly denied their lawful immigration status as a result of the government’s hostile environment policies.
Justice Bourne also noted that the Home Secretary had discretionary authority to disapply the requirement of the British Nationality Act 1981, which provides that a person must have been in the UK for five years before making an application for citizenship. However, the failure to exercise such discretion led to a violation of the claimants’ right to private and family life and their right not to be discriminated against, guaranteed under Articles 8 and 14, respectively, of the European Convention on Human Rights.
After the judgment, the solicitor for the claimants said:
The post UK high court holds that Home Office breached Windrush members’ human rights appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.