Windrush: Woman loses High Court bid to remain in UK

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Jeanell Hippolyte, the daughter of a Windrush immigrant, has lost her High Court battle for the right to remain in the UK. Her two children were born in the UK, but Ms Hippolyte was denied indefinite leave to remain (ILR). She challenged the Home Office’s refusal to review the case after ILR was awarded to her father and brothers, granted due to the family’s Windrush status.

Ms Hippolyte’s lawyers argued that her case was identical to those of her siblings, but the Home Office claimed that her bid was “lawfully refused.” Mr Justice Clive Sheldon, who reached a decision on Wednesday, dismissed Ms Hippolyte’s case. The judge stated that she had not suffered a “historic injustice.”

He further stated that the Secretary of State would have very likely decided that the claimant’s case was not equivalent to a Windrush scheme claim, as neither the claimant nor her father had suffered a “historic injustice.” Therefore, it was unlikely that the Secretary of State would have made an exception to the Windrush scheme in Ms Hippolyte’s case.

Ms Hippolyte moved to the UK at age 17 to join her parents, but left in 2002 after her student visa expired. In written submissions, her lawyer Mr Chris Buttler KC argued that her father’s ILR status was only officially granted in 2003 and that Ms Hippolyte left the UK because the Home Office failed to issue identity status documents to her father that confirmed his status.

Ms Hippolyte and her siblings were in a “materially different position,” according to William Hansen, representing the Home Office. While her brothers overstayed after their ILR applications were rejected, Hippolyte left because she complied with immigration control. Hippolyte’s lawyers said that she had a strong family connection to the UK. She plans to appeal the judgement, and hopes to continue fighting for the right to remain in the UK, which she considers her and her children’s home

Read the full article from The BBC here: Read More

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