Thread: Gurkha victory

Not sure this is the correct place for this thread so I apologise in advance if wrong.

UK court rules in favor of Gurkha veterans
By RAPHAEL G. SATTER – 2 hours ago

LONDON (AP) — A British court has struck down immigration restrictions placed on Gurkha veterans who served in the country's armed forces, ordering the government to draw up a new policy that takes their service into account, lawyers for the Gurkhas said Tuesday.

The Nepalese soldiers, who have served with the British military since the early 19th century, are demanding the repeal of regulations that bar some of them from settling in Britain.

"This court has struck that policy down as being completely unlawful, and has ordered the government to draw up a new policy as soon as possible that takes in account the long a distinguished service of these men," attorney David Enright said.

Gurkha soldiers broke out into cheers after the judgment was announced, gathering outside the High Court to play bagpipes and wave green flags emblazoned with two crossed kukri — bent Nepalese knives that the Gurkhas have adopted as their standard.

Mercenaries recruited from the Himalayan hills, the Gurkhas are a legacy of the British Empire. The fierce fighters served the United Kingdom starting in 1815, through the conflagrations of the 20th century and into the 21st, fighting in Iraq and Afghanistan.

Despite their service, the Nepalese warriors have struggled to secure equal treatment from British authorities.

Gurkhas, for example, were not automatically allowed to settle in Britain until after 1997, when their base was moved from Hong Kong to southeast England.

The government argued that some of those who retired before 1997 had only weak links to Britain and should have their cases reviewed individually. The Gurkhas sued, arguing that their service was what mattered — not where it took place.

On Tuesday, High Court Justice Nicholas Blake supported their position, saying the restrictions were illegal and demanding that the government reformulate them.

Blake said soldiers had a covenant with the nation they served: In exchange for their personal sacrifice they should always expect fair treatment.

"Rewarding long and distinguished service by the grant of residence in the country for which the service was performed would, in my judgment, be a vindication and an enhancement of this covenant," Blake said.

Britain's Home Office gave no indication of how it would review its restrictions or when the review would be published. But Enright said the judgment gave the government no choice but to remove obstacles to the Gurkha's entry.

"It has to be hugely widened, and we would expect to see a dramatic lowering of the hurdle," Enright said.

Gurkhas and their supporters said they felt vindicated.

"It's hard to say you have no strong ties to Britain when you were part of the British Army," said 53-year-old Chandra Pakhrin, a veteran of the 10th Princess Mary's Own Gurkha Rifles. "We shouldn't have to go through this."

Actress Joanna Lumley, whose father, Maj. James Lumley, fought alongside the Gurkhas in Burma — now known as Myanmar — in World War II, said she was "proud of British justice."

The star of the cult television series "Absolutely Fabulous" told The Associated Press her father did not share much about his experiences in the war, "but he would talk about how staggeringly loyal the Gurkhas were."

"He would be completely shattered if he knew how they were being treated," she said. "Today may be the beginning of a new story."


The Associated Press: UK court rules in favor of Gurkha veterans

About time