Thursday, 7 May 2009

Joanna Lumley 'shocked and betrayed' as Home Office rejects five Gurkha test cases

By DAILY MAIL REPORTER
Last updated at 5:27 PM on 07th May 2009

The future of Gurhkas wanting to settle in Britain was uncertain this afternoon after the Home Office rejected five test cases.

The government sent letters to the five informing them of the outcome, despite assurances that new guidelines would see them settled here.

But at an impromptu joint press conference this afternoon, Immigration Minister Phil Woolas promised campaigner Joanna Lumley that all five cases would be reviewed once new resettlement criteria was established by Gordon Brown.

However, releasing details of the letters, Gurkha campaigners said they remained unconvinced the cases would be reviewed.

Joanna Lumley and Phil Woolas

At odds: Joanna Lumley and Immigration Minister Phil Woolas give an impromptu press conference this afternoon after the Home Office rejected five Gurkha test cases

A spokesman for the campaign said: 'We trusted the Prime Minister to take charge of the situation. This is an outrage and a disgrace.'

Former Liberal Democrat leader Sir Menzies Campbell said: 'The Government seems determined to turn a Whitehall farce into a fiasco.

'The Prime Minister's credibility has taken another serious dent, but the real losers are the Gurkhas and their dependants who are yet again made to face anxiety and disappointment.

'If this is how they are handling the issue of the Gurkhas, what on earth are they doing about the economy?'

The letter sent to the five soldiers today states: 'I have carefully considered your case against the criteria and regret to inform you that you do not qualify for settlement under the current guidance.

'However the UK Border Agency has committed to considering this guidance and will come forward with proposals for the next stage of the reform of the rules before 21 July 2009 and, while you do not qualify for settlement now, your case will be reconsidered when the next stage of reform has been finalised and I shall write to you again very soon after that.'

Two Falklands veterans, a Gulf war veteran, the widow of another Gurkha soldier and a fifth Gurkha have had their applications to stay in Britain rejected. 

Miss Lumley said this afternoon she was naturally disappointed after what she felt was a positive meeting with the Prime Minister yesterday.

The actress was invited to a meeting at Number 10 after attacking Mr Brown for repeatedly snubbing her demands for discussions. 

She emerged triumphant and claimed he had assured her he would bring forward the deadline for publishing new plans to the end of this month. 

Afterwards she said: 'The meeting was extremely positive. He is wholly supportive of the Gurkha cause. 

'He is going to come up with a new solution by the end of this month. He has told me he will take this into his own hands.'


 
 'We trusted the Prime Minister to take charge of the situation. This is an outrage and a disgrace'

But Immigration Minister Phil Woolas said: 'There are new guidelines coming forward and no action will be taken until those guidelines are in place and I am confident, and I can give you reassurance, that these cases will be settled in favour of the Gurkhas.'

'By the end of the month we will have finished those 1,500 cases and in June we will produce new guidelines based on the decision of the House of Commons and the experience of those 1,500 cases.'

The five cases formed the basis of legal action by campaigners. 

Last year the High Court ruled that Home Office guidance on whether Gurkhas who retired before 1997 should be allowed to stay in Britain was unclear.

Gurkha veteran Gyanendra Rai
Deo Prakash Limbu

Gurkha veteran Gyanendra Rai and Deo Prakash Limbu have today had their applications rejected

Ministers announced new rules last month that they said would allow around 4,000 of an estimated 36,000 to stay in this country.

But campaigners said only around 100 more would be let in.

Today they said Falklands veteran Lance Corporal Gyanendra Rai, who was injured fighting for the 1st Battalion of the 7th Gurkha Rifles, has had his application rejected.

Two other veterans, Deo Prakash Limbu and Chakra Prasad Limbu, also had their applications turned down, as did a veteran's widow.

A fifth Gurkha, Birendra Man Shrestha, has also had his application rejected.

The Prime Minister's spokesman said that new proposals would be published 'by the summer recess' which starts on July 21.

A spokesman said they were required by the court to publish the results today but no action would be taken until then.

Mr  Woolas said: 'I want to be really clear about the letters which have been sent out today to these five individuals.

'We gave a commitment to the court that we would notify these five individuals by May 7 whether they could be granted settlement based on the new guidelines published on April 24.

'In that letter, however, we have made it absolutely clear that we have made a commitment to publish the next stage of our reform of the rules before the Parliamentary recess and that we will reconsider their cases as soon as the new rules have been published.

'The notification that they have not been granted settlement at this time is therefore very much an interim one.

'We made an additional commitment to the court to deal with the 1,500 outstanding applications by June 11.

'Following the vote in the House of Commons last Wednesday, I made a commitment to the House that I would bring forward consideration of these cases so that they were completed by the end of May.

'My officials have made good progress on these considerations, and have already been able to send out over 100 notifications to ex-Gurkhas that they have been granted settlement in the UK.

'Based on this work, the Government will come forward with proposals for the next stage of our reform of the rules which will be published before the summer recess.'

Mr Woolas told Sky News he was confident the Gurkhas involved in the five test cases would be allowed to stay in Britain.

And he said the new rules on which the thousands of other cases will be considered would be published next month.

Until now ministers had promised only that it would be brought out before the summer recess.

A Home Office spokesman said the deadline for the publication of the new guidance had not changed and was still the beginning of recess.