A woman who was denied indefinite leave to remain in Britain, despite her father and brothers being granted status under the Windrush scheme, has won a significant appeal against the Home Office.
Court Orders Home Office Reconsideration
The Court of Appeal has ordered the Home Office to reconsider the case of Jeanell Hippolyte, a Saint Lucian national who first came to the UK as a 17-year-old in 2000. The ruling represents a major development in the ongoing Windrush scandal that has affected numerous Commonwealth citizens.
Lord Justice Singh delivered a written ruling stating that the original judge failed to address the core point that Hippolyte had "sufficient close ties to the UK that she fell within the 'spirit' of the Windrush scheme even if she did not strictly fall within its exact terms."
A Family Divided by Immigration Rules
Hippolyte's case reveals complex family circumstances within the UK immigration system. She originally arrived in Britain in 2000 but left two years later when her student visa expired, unaware that her father had already obtained independent leave to remain - a status that could have extended to her as his child.
Her brothers arrived later in 2007, had their initial ILR applications refused, and overstayed in breach of immigration rules. Despite this, they successfully applied for indefinite leave to remain under the Windrush scheme in 2019.
When Hippolyte applied to the same scheme in August 2020, she was refused in February 2021 because she hadn't maintained continuous residence in the UK since her initial arrival.
Legal Battle and Wider Implications
After making a further application for ILR in December 2022 that was refused in April 2023, Hippolyte took legal action to challenge the decision. Her solicitor, Freya Danby of Leigh Day, emphasised that this judgment could have "a significant impact on other cases where people don't squarely meet the rules."
Speaking after the ruling, Hippolyte expressed her relief: "I'm delighted by the court's decision and I am so grateful that the right outcome has happened. I feel that justice has been served."
Danby praised her client's "remarkable courage and resilience" throughout the process, noting she continued her fight for indefinite leave to remain despite numerous setbacks.
While the appeal court's decision doesn't guarantee Hippolyte will ultimately succeed in her application, it requires the Home Office to properly consider exercising the discretion granted by parliament. As Lord Justice Singh concluded: "That is no more and no less than what the law requires."
