Son of ‘Windrush victim’ waits for ruling on first round of High Court fight

The son of a ‘Windrush victim’ is waiting to see if he won the first round of his High Court battle with Home Secretary Priti Patel.

Damian Gabrielle, 39, who moved to the UK from St Lucia in the Caribbean when he was 18 and lives in Catford, south-east London, with his partner Kate Mead, 43, wants to fight the Home Office’s decision to ‘deny’ his immigration. Status.

During an online High Court hearing on Wednesday, he asked a judge to give him the green light for a judicial review.

Lawyers representing Ms Patel said Mr Gabrielle’s bid should be blocked.

Ms Justice Ellenbogen, who is based in London, said she would make a decision on Friday.

Lawyers representing Mr Gabrielle said his father, Alexander Prospere, came to the UK after leaving St Lucia in 1961 at the age of 19.

Solicitor Grace Brown, who led Mr Gabrielle’s legal team, told the judge the government’s Windrush scheme said a child of a parent of a Commonwealth citizen who arrived in the UK before the age of 18 was eligible for a residence permit.

Ms Brown told the judge Mr Prospere was a “windrush victim”, arguing Mr Prospere could not support his son’s application to enter the UK before Mr Gabrielle turned 18 as his status as a British citizen was not until 2019 has been confirmed.

Attorney Edward Brown, representing Ms Patel, argued that the Home Office’s decisions were not unlawful and said Mr Gabrielle’s bid should be blocked.

He said there was nothing in Mr Gabrielle’s case to indicate “exceptions”.

A spokeswoman for Thompson’s Solicitors, who is representing Mr Gabrielle, told the court: “His application for British citizenship through the Windrush scheme failed on the grounds that his father allowed his son to be admitted until two months after Mr Gabrielle’s 18. He tried to ensure that he had a home in Britain to come to.”

She said if Mr Gabrielle’s bid for judicial review is successful, he would take a “significant step forward” in his fight to stay in the UK.

However, she added: “If that fails, Mr Gabrielle faces ongoing struggles to remain in this country and could potentially face immigration deportation to St Lucia.”

Attorney Richard Arthur, who practices at Thompson’s, continued: “The Windrush program has been plagued by controversy since its inception and has done little to right the wrongs of the Windrush generation, whose lives have been turned upside down through no fault of their own own.

“Whatever decision is made will not make up for the unnecessary anguish and stress our client and his family have endured for decades, but we hope the Supreme Court will grant leave for a judicial review so the family.” can get a step closer to justice.”

A Home Office spokesman later said: “The Home Secretary and the Department remain steadfast in our commitment to members of the Windrush generation.

“We cannot comment on ongoing legal proceedings.”

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