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AIT COURT DECISION ON GURKHA POLICY 



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(Wednesday 7 January 2009)

Mention only hearing in the Asylum and Immigration Tribunal
Field House, 15 Breams Building, London EC4A 1DZ

 Before: The Deputy President of the AIT - Mr Mark Ockelton Esq

Appellants:      Thaman Sing Ale
                       
   Ishor Kumar Ale
                       
   Hari Prasad Giri

Represented by Howe & Co.
David Enright
Martin Howe
Balkrishna Gurung 

Represented by N C Brothers
Timothy Heaver

Claimants: Howe & Co. Solicitors
Represented by Mark Henderson Esq.of Howe & Co. Council/Barristor

Respondent:    Home Office
Represented by Peter Deller of Home Office Presenting Officers

Background 

  1. The British Government wrote to the Court asking the Court to agree to adjourn (postpone) all Gurkha Appeals for another 3 months to allow the Government to continue to consider the Gurkha Immigration (ILE) policy. The Government did not tell Howe & Co about its letter to the Court. Howe & Co discovered this and required a copy of this letter from the Home Office Lawyers. The Court listed the cases for a hearing to consider the British Government’s request for more time.
  1. Howe & Co immediately wrote to the Government’s lawyers and to the Court seriously criticising the Government for its delay and for breaking it’s promises to Parliament.

The Court Hearing 

  1. At the Hearing the Judge thanked Howe & Co for its detailed letter. The Judge commented that the delay by the Home Office was a “disgrace”. However, the Judge said that if he did not adjourn the cases and allowed all of the Gurkha appeals, his only power at this time would be to send all of the refusals of ILE back to the British Embassy in Kathmandu and Hong Kong for reconsideration. The Judge said that this would not take the Gurkhas any further forward, as their cases would still not be decided.
  1. The Judge decided to allow the Government to have 3 more months to publish their new policy on Gurkha ILE policy. However, the Judge said he would also send Howe & Co’s letter to all Immigration Judges in England.
  1. Howe & Co. argued strongly that if the Home Office were allowed their adjournment, then any Gurkhas who were in England waiting for their appeals should be allowed to work or get benefits. Howe & Co argued it would be wrong to stop Gurkhas from working while the Government delayed.
 
  1. The Judge agreed that it was unfair and asked the Home Office lawyers if the Home Office would agree to allow all Gurkhas who were in England waiting for their cases to be decided to be allowed to work and get benefits. The Home Office lawyer agreed to ask the Government.
  1. Howe & Co also told the Judge and the Home Office lawyers that, if the British Home Office did not publish a new Gurkha policy within 21 days, then Howe & Co. would go directly to the High Court and demand that the High Court Order the British Government to publish a new Gurkha Policy.

Next steps 

  1. The position now is that all Gurkhas and their dependents’ cases have been stayed (adjourned) for a further 3 months.
  1. Nonetheless, Howe & Co. have told the Court and the Government that they will take this matter to the High Court if the Home Office does not formulate a Gurkha Policy within 21 days.
  1. Howe & Co remain determined to keep the strongest pressure on the British Government to publish a new a fair policy for Gurkhas.

 The following Gurkhas were inside the court chamber during hearing:

 OTHER GURKHAS 

  1. Mr Mahendralal Rai
  2. Mr Rag Purja
  3. Mr Prem Gurung
  4. Mr Dharma Tamang
  5. Mr Lal Bura

 -Chandra Bahadur Gurung Ph.D. He atended the hearing.

   
  तपाईंको भनाइ लेखी छाड्‍न र अरुको भनाइ पढ्न यहाँ क्लिक गर्नुहोस्
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