Forum Topic

Gurkhas Rights to reside in the UK

I make no apology for raising this issue once again, but this government are again refusing to allow these brave loyal friends to reside in the UK on retiring from the British Army, because " They have no direct connection to this country"!So it's alright to put your life on the line, win gallantry medals,and fight on our side in every conflict that we have been involved in for over 200 years, then when you retire, we will give you a pittance of a pension  pat you on the head and wave you off back home to Nepal.Meanwhile we have to take back from Australia, a serial Paedophile, who is being deported back here, no doubt with police protection,a free home, and endless benefits, just like the other scumbag who came back here a while ago from there.We let all and sundry enter the UK, regardless of where they're from, no matter if they are a danger to the security of this country. I am amazed at the lack of comment on this forum, about the plight of these men who have handed back their medals, and are now threatening to go on hunger strike. Where are all of the PC Brigade who demonstrate outside  Asylum detention centres for their Human Rights...........The more I learn about this government, the more it sickens me.We have had very little comment on here (I think) on the amount of expenses they can, and do claim for their SECOND HOMES, £10k for a kitchen if you please amonst other items. A gurkha WO11 with fifteen years service gets less than £200 a month pension, and they wonder why recruitment is down!!!!! Care to comment Alan Sheerins, as you are a fervent Labour supporter.

Andrew Michael John Atkinson ● 6339d34 Comments

From the BBC today http://news.bbc.co.uk/1/hi/uk/7644441.stm Gurkhas win right to stay in UKA group of retired Gurkhas fighting for the right to settle in Britain have won their immigration test case at London's High Court.They were challenging immigration rules which said that those who retired from the British Army before 1997 did not have an automatic right to stay.Prominent supporter actress Joanna Lumley said it was a "chance to right a great wrong".The government said it would now review all Gurkhas' cases.'Debt of honour'The regiment moved its main base from Hong Kong to the UK in 1997 and the government had argued that Gurkhas discharged before that date were unlikely to have strong residential ties with the UK.That meant those who wanted to settle in the UK had to apply for British residence and could be refused and deported.The judgement could affect some 2,000 former Gurkhas who retired before 1997.The judge, Mr Justice Blake, said the Gurkhas' long service, conspicuous acts of bravery and loyalty to the Crown all pointed to a "moral debt of honour" and gratitude felt by British people.He ruled that instructions given by the Home Office to immigration officials were unlawful and needed urgent revision.Lawyer Martin Howe said: "Today 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."It is a victory for common sense; a victory for fairness; and a victory for the British sense of what is right."Gurkhas win right to stay in UKThe five ex-Gurkhas involved in the test case were L/Cpl Gyanendra Rai, Deo Prakash Limbu, Cpl Chakra Limbu, L/Cpl Birendra Shrestha and Bhim Gurung. Gita Mukhiya also took part on behalf her deceased husband.Gurkhas have been part of the British Army for almost 200 years and are hand picked from a fiercely contested recruitment contest in Nepal to win the right to join.They have seen combat all over the world, with 200,000 fighting in the two world wars.'Wonderful vindication'Lumley, whose father served with the Gurkhas, was one of those leading the campaign.Outside court, she said: "This day is more important than I can tell you because it gives our country the chance to right a great wrong and to wipe out a national shame that has stained us all."Lib Dem leader Nick Clegg said it was a "wonderful vindication" for those who had campaigned for a change in the law. We will honour our commitment to the Gurkhas by reviewing all cases by the end of the yearHome Secretary Jacqui Smith"I've always felt that if someone is prepared to die for this country, then they should have the right to live in this country," he said."The key thing now is to look at the ruling in detail and to make sure that the government now translates that into action and doesn't try and squirm out of it."Home Secretary Jacqui Smith said in a statement that the Home Office would revise its guidance surrounding the 1997 cut-off date."I have always been clear that where there is a compelling case, soldiers and their families should be considered for settlement," she said."We will honour our commitment to the Gurkhas by reviewing all cases by the end of the year."

Kath Richardson ● 6145d

The UK government signed up to "Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national". In particular, "The Regulation observes the fundamental rights and principles which are acknowledged in particular in the Charter of Fundamental Rights of the European Union." This gave the EU ultimate control of the admission of asylum seekers. Although prime minister Blair called the Afghan hijacker ruling "an abuse of common sense", Mr Justice Sullivan found in favour of the hijackers, and was backed up by Lord Justice Brooke (calling Sullivan's ruling "impeccable"). Brooke went on, "The history of this case ... has attracted a degree of opprobrium for carrying out judicial functions. Judges have to apply the law as they find it, not as they might wish it to be...There has been ample time for the home secretary to obtain appropriate parliamentary authority." Of course, “the law as they find it” and ultimate authority on this resides in Brussels, not Westminster. This was why the home secretary couldn't "obtain appropriate parliamentary authority", as the parliament in Westminster no longer has ultimate authority on such issues. Hence four British home secretaries eventually being thwarted on this case.-------It was the British government then – not “the courts” - that ceded the EU government the right to dictate policy that ultimately enabled those hijackers to stay in the UK.If leaders are stupid enough to sign away sovereignty on issues such as this, they can’t complain about ‘abuses of common sense’ after the fact. Pot, kettle, black and all that.To echo Mr Atkinson’s comments yesterday, it wasn’t the Daily Mail or Channel 4 that signed up to this. We reap what they sow.

Fraser Pearce ● 6331d