Windrush Legal Cases
« I recognise that we need to make the process as simple as possible for people confirming their right to reside in the UK or putting their UK citizenship on a legal basis. That`s why I created a special program that brings together our rights, duties and offers for these people in one place. Unfortunately, the current outdated law does not allow for derogation from the five-year obligation. However, now that the Supreme Court has ruled that this is possible in exceptional circumstances, we will immediately consider the cases covered by this decision. Although Black History Month is over for this year, we have written two blogs dealing with people of color and the legal world. Initially. 29. In June 2018, Parliament`s Human Rights Committee published a « damning » report on the exercise of powers by immigration officials. MEPs and their colleagues concluded in the report that there had been « systemic errors » and dismissed the Home Ministry`s description of a « series of errors » as not being « credible or sufficient ».
The report concluded that the Ministry of Interior had taken a « completely flawed approach to dealing with cases and depriving people of liberty » and called on the Minister of Interior to take action against « human rights violations » in his ministry. The commission had investigated the cases of two people, both detained twice by the Ministry of Interior, whose detentions were described as « simply unlawful » and whose treatment was described as « shocking ». Many were detained by migrants, prevented from travelling abroad and threatened with forced deportation, while others were deported to countries they had not seen since childhood. « This verdict is an absolute endorsement of our clients, who have shown astonishing courage and determination to challenge the illegal decisions of the Ministry of Interior. Our clients were expelled from the UK for years by the Home Office through no fault of their own, and then told they did not qualify for UK citizenship because they did not meet the residency requirements. The Home Secretary and her predecessors sought to describe how important it is for them to right the wrongs of members of the Windrush generation. They say they consider members of the Windrush generation to be British citizens. In these cases, it took judicial review by the Supreme Court (which the government defended until its last breath) to force it to use its discretion in a humane and compassionate manner. Obviously, the lessons have not been learned at all. Interior Department data shows that about 12,000 immigration applications were rejected under the Windrush program, and members of this cohort who find themselves in similar situations can now challenge those refusals. The Home Secretary said she deeply regretted that there were no exceptions for members of the Windrush generation who could not qualify for citizenship through no fault of their own. This decision proves that she was wrong and will ensure that she acts with compassion and in accordance with human rights when considering applications in the future.
» 2. In May 2018, the opposition Labour Party tabled a motion in the House of Commons to force the government to hand over documents to the Home Affairs Committee regarding the handling of cases involving people who came to Britain from Commonwealth countries between 1948 and the 1970s. The motion was defeated by 316 votes to 221.  On 15 May 2018, Javid told the Home Affairs Committee that so far 63 people had been identified as possibly wrongly deported, although the number is temporary and may increase. He also said that at the time he could not determine how many Windrush cases had been unjustly detained.  Our client submits that not only did the government not properly inform these Black and Asian settlers of their right to register as British citizens, but in some cases actively persuaded them not to do so, on the grounds that their rights would not be altered if they did not register. Wendy Williams Windrush`s review of lessons learned noted that this was the case. The rationale for the Windrush program to correct injustices, coupled with the government`s adoption of the findings and recommendations of the Wendy Williams review, should mean that the requirement of good character should be lifted and should not be applied to the Windrush generation. Our client argues that any other approach is discriminatory. For more information, see www.theguardian.com/uk-news/2020/dec/10/home-office-sued-by-family-of-windrush-man-refused-uk-citizenship By the end of May 2018, the government had contacted 3 of the 63 people who may have been wrongly deported, and on June 8, Seth George Ramocan, the Jamaican High Commissioner in London, said he had still not received the numbers or names of the people who, according to the Ministry of the Interior, had been falsely mentioned. Jamaica was expelled.
so that Jamaican records can be checked for contact information.  In late June, long delays in processing residence permit applications were reported, as large numbers of people turned to the Ministry of Interior. The Windrush helpline had recorded 19,000 calls so far, of which 6,800 were identified as potential Windrush cases. Sixteen hundred people had received documents after making an appointment with the Ministry of the Interior.  While many members of the Windrush generation arrived as children with their parents` passports and the Home Office destroyed thousands of landing cards and other records, many lacked the necessary documents to prove their right to remain in Britain. The Ministry of the Interior has also imposed the burden of proof on individuals to prove their residence before 1973. The Ministry of the Interior required at least one official document for each year of living here. Trying to find documents dating back decades was a huge burden and, in many cases, impossible for people who had done nothing wrong.