Son of ‘Windrush victim’ loses Home Office battle

The son of a “Windrush victim” has said he is “devastated” after losing a High Court fight with Home Secretary Priti Patel.

Damian Gabrielle, 39, who moved from St Lucia to Britain at the age of 18 and lives in Catford, southeast London, wants to challenge a Home Office decision to “refuse to regularise” his immigration status.

But a judge on Friday refused to give him the goahead to mount a judicial review.

Mrs Justice Ellenbogen concluded that Mr Gabrielle does not have an arguable case after considering arguments from lawyers representing Mr Gabrielle and Ms Patel at an online hearing.

Mr Gabrielle said he is “absolutely devastated” at the judge’s decision.

Lawyers representing Mr Gabrielle said his father, Alexander Prospere, arrived in the UK from St Lucia in 1961, aged 19.

Barrister Grace Brown, who led Mr Gabrielle’s legal team, told the judge that the Government’s Windrush Scheme said a child of a Commonwealth citizen parent who arrived in the UK before the age of 18 could qualify for leave to remain.

She said the position of adult children is a matter of “public importance” which should be the subject of a judicial review.

Ms Brown said Mr Prospere was a “Windrush victim”, and argued that he was unable to support his son’s bid to enter the UK before Mr Gabrielle turned 18 because his status as a British citizen was not confirmed until 2019.

She argued that Mr Gabrielle is a victim of the injustice suffered by his father.

Mrs Justice Ellenbogen disagreed. The judge said children under 18 are dependent on their parents.

She added that it is not arguable that adult children are in an “analogous position”.

Lawyers representing Ms Patel argued that adult children of Windrush victims are in the same position as any other person, living in any country, who want to live in Britain. Mr Justice Ellenbogen said she agreed with that argument.

Mr Gabrielle said afterwards: “I am absolutely devastated by today’s decision.

“Most of my adult life has been in limbo as I’ve tried my best to build a future for myself here against this uncertain backdrop.”

He added: “For me, the UK is my home.”

The judge also rejected three other judicial review applications by adult children of members of the Windrush generation. They had not argued that parents were unable to support their bids because of difficulties confirming immigration status.

Richard Arthur, from Thompsons Solicitors, said: “The decision today backs the petty bureaucratic view of the Home Office and flies in the face of the stated aims of the Windrush Scheme – to right the wrongs of the past.

“The two Windrush Schemes for regularisation of immigration status and compensation have rightly faced heavy criticism.

“These schemes were supposed to ‘right the wrongs’ inflicted on the Windrush generation, including redress for their family members.”

A Home Office spokeswoman said: “We’re pleased the court found in the department’s favour.

“The Windrush Scheme was designed to recognise the existing status and connection to the UK of members of the Windrush generation and their eligible children.

“The Home Secretary and the department remain steadfast in our commitment to members of the Windrush generation.”