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View Full Version : Gurkhas win legal battle to settle in UK


herakles
30-09-2008, 20:53
From today's Melcourne Age newspaper:

October 1, 2008 - 6:08AM

Former Gurkha soldiers from Nepal have won the right to settle in Britain, in what their lawyers hailed as an "historic victory" for the veteran fighters.

Ending a two-year legal battle, the High Court in London ruled in their favour in a test case affecting some 2,000 Gurkhas who retired from the British army before 1997.

"Today is a wonderful, terrific victory day for the Gurkhas of Nepal," said their lawyer, Martin Howe.

"It's a victory for common sense. It's a victory for fairness... It's a day that will go down in history for the Gurkhas."

Until now, only Gurkhas who retired after 1997, when their base was moved from Hong Kong to England, had the automatic right to settle in Britain.

All other foreign soldiers in the British army have a right to settle in Britain after four years of service anywhere in the world.

Around 200,000 Gurkhas fought for Britain in World Wars I and II, and about 3,500 currently serve in the British army, including in Afghanistan and Iraq. More than 45,000 have died serving Britain.

Judge Nicholas Blake underlined the "moral debt of honour" and gratitude which Britain has to the Gurkhas for their long military service, wounds sustained in battle, conspicuous acts of bravery and loyalty to the crown.

Howe said the case had seen "a torrential outpouring of affection and concern" from ordinary British people - and called on the government to allow the affected Gurkhas in immediately.

"We call today on our government to respect the views of the people of Britain, to respect this judgment fully and immediately allow the men and women affected by this judgment to come into this country," he said.

Subas Gurung, 47, a former staff sergeant in the Gurkha Transport Regiment, told AFP outside court that the British government's stance was "very unfair."

"I'm very, very happy to hear the verdict," said the Gulf War veteran who was decorated with the British Empire Medal for his service peacekeeping in Cyprus in 1991.

"All the soldiers who retired before 1997 who were badly affected now can join with us which is very, very good news for me and people like me who are back in Nepal.

"We joined together, we worked together, we should be able to get the right treatment together as a group," he said.

He added: "The British people really supported this case. If they had not supported so well, this day probably would not have come.

"I would really like to thank the British public supporting us and recognising the value of the soldiers who have been in service over 200 years."

British actress Joanna Lumley, who has been a key supporter of the campaign, welcomed the judgment but called for a change in the law to cement it.

"It gives our country a chance to right a great wrong, and to wipe out a national shame that has stained us all," said the actress, whose father fought alongside the Gurkhas.

"It's not over yet. Until the laws are changed, fundamentally rewritten, it's not over yet."

The Gurkhas, who are renowned for their bravery and ferocious fighting skills, have also struggled for many years for pension rights equal to those of their British army counterparts.

Three Gurkhas who lost a court challenge on pensions in July are taking their case to the Court of Appeal in October.

astraltrader
30-09-2008, 22:54
It is about time that this long standing piece of injustice was overturned.

Bearing in mind the huge flood of immigrants the government has allowed to pour into the UK unchecked over the past 5 years and more, it is really appalling the way these ex-Gurkhas have been treated.

Even more so when one realises that thee numbers involved are little more than 2,000.

Still this is very much the modus operandi of the present UK government.

Another injustice that is still going on today is that over a similar timescale many white Zimbabwean Farmers literally fleeing for their lives from that vile nepotist and arch-racist Mugabe and his cronies, have faced a hostile reception far worse than that usually meted out to "asylum seekers" from various middle-eastern countries.

This is despite them having recent and traceable ancestry in the UK - in other words very much our kith and kin.

As most members on this forum will remember, Rhodesia [like many other countries] sent their sons to fight alongside us in both World Wars.

For the first time they have great need of us and we turn our backs!

This also needs to be dealt with as many of the few thousands still living in Zimbabwe need to know that they would be welcomed should the new power-sharing there fall apart as is widely predicted.

Back to the Gurkhas again - while I rejoice that these fine and loyal people look like they have won the right to reside here - I fully expect the government to attempt to weasel their way out of this ruling...

nigelweysom
01-10-2008, 11:57
the Gurkhas have indeed been treated appallingly, their bravery and loyalty have earned them far more respect than they have been shown , and they have been discriminated against by the British Government regardless of which party has been in power, it would seem another case of if you cant vote for them you don't matter, this verdict is long over due
Nigel

astraltrader
01-10-2008, 13:44
Very true Nigel - as you say none of the past few governments have anything to be proud of over their shabby treatment of the Gurkhas...

John Odom
14-03-2009, 21:48
The US has acted shamefully in the case of the Filipino veterans who have been denied recognition for many years, inspite of invaluable service against the Japanese in WWII.