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Gurkhas win case, can settle in UK
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ASIANAGE on 30 September, 2008 04:20:49
 
By Prasun Sonwalkar
London
Sept. 30: Former Nepalese Gurkha soldiers on Tuesday won a "historic" legal
battle for the right to settle in the UK.
The high court ruling affects around 2,000 such veterans who retired from the
British Army before the 1997 handover of Hong Kong and as per immigration rules
did not have the right to settle in the UK permanently.
However, in light of the court ruling on Tuesday the government announced that
it would review cases of Gurkhas.
"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,"
lawyer Martin Howe said. "It is a victory for common sense, a victory for
fairness and a victory for the British sense of what is right."
The Army’s Gurkhas regiment moved its main base from Hong Kong to the UK
after the handover in 1997. The government had argued that Gurkhas discharged
before that date were unlikely to have strong residential ties with the UK.
The five ex-Gurkhas involved in the test case were Gyanendra Rai, Prakash
Limbu, Chakra Limbu, Birendra Shrestha and Bhim Gurung. The case was brought to
public notice by Indian-born British actress Joanna Lumley, who went to the
extent of threatening to give up her British citizenship and adopt the
citizenship of India if the Gurkhas were not given the right to settle in
Britain.
"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," Lumley, whose father served with the Gurkhas, said.
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.
Liberal Democrats leader Nick Clegg said it was a "wonderful vindication" for
those who had campaigned for a change in the law.
—PTI