Home Secretary unlawfully prevented Windrush victim’s family from joining her in UK, High Court rules


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The High Court has today given judgment in R (Mahabir) v Secretary of State for the Home Department [2021] 1177 (Admin).

Under the scheme implemented to remedy the Windrush scandal, the Secretary of State granted the Claimant Indefinite Leave to Remain in the UK. However, the Claimant’s husband and five children could only apply to join her if they paid application fees totalling £22,000. The Court held that this presented the Claimant with a “thankless choice” of foregoing her rights under the Windrush scheme or splitting up her family.

The Court ruled that the Secretary of State breached the Claimant’s Article 8 rights, having regard to the “colossal interference” with her right to respect for private life, and discriminated against her husband and children in breach of Article 14.

Chris Buttler QC, leading Ali Bandegani (Garden Court) and instructed by Duncan Lewis Solicitors, acted for the Claimants.

Useful link(s)

The Judgment

The Independent