MercoPress. South Atlantic News Agency

Lead case could help 2.000 Gurkhas settle in United Kingdom

Many Gurkhas think UK citizenship is the least they deserve

A Gurkha who is prepared to fight and die in battle for Britain should be allowed to stay in the UK, an immigration tribunal has been told. About 20 Gurkhas, many wearing medals and clutching their berets, sat quietly listening to legal arguments in a test case which could help decide whether 2,000 Gurkhas could settle in Britain.

David Enright, representing 44 veterans, including a Falklands' war veteran, told the Asylum and Immigration Tribunal in central London: "I think the Entry Clearance Officer (ECO) should have considered war wounds, decorations when in battle, swearing allegiance to the Crown, swearing allegiance for decades, fighting a battle, being injured, guarding the Queen the way your fathers and grandfathers served the Queen, paying income tax. "You cannot find a stronger way to link with the UK. All these are strong ties with the UK and should be considered in the particular circumstances of the Gurkhas who have rendered such sterling service for over 200 years." It is the first time the court will decide how far they can determine the issue of Gurkhas wanting indeterminately to enter the UK. One of the lead cases in the class action is being brought on behalf of injured Falklands' veteran Lance Corporal Gyanendra Rai, who served for 13 years in the Army. He had half his back blown out by an Argentine artillery round. Another lead case is set to be that of Siba Kumari Pun, 30, the Hong Kong-born daughter of a Gurkha whose uncertain status could act as a test case for hundreds of relatives of Gurkhas. Mr Enright argued that the ECOs had made "cut and paste" decisions without proper consideration. The veterans have no credibility issues and satisfy policy guidance, he claimed. Current serving Gurkhas are almost automatically entitled to live in the UK after completing their Army service. Gurkhas who retired before 1997 have to rely on the discretion of a British ECO to determine whether they should be allowed to live in the UK. This means that more than 400 Gurkhas who have served in the British Army, including war zones, have been told they do not have "strong ties" to the UK, lawyers for the Gurkhas argue.