Campaigners delight as judge promises "authoritative" decision on Gurkha justice campaign in September

2.29.00pm BST (GMT +0100) Tue 15th Jul 2008

Gurkhas who claim they are victims of racial discrimination in respect of settlement rights in Britain have been given the go-ahead to mount a legal challenge in the High Court. Kent Gurkha campaigner Peter Carroll was in the court to hear the decision, along with Shepway District Council leader David Monk.

The case arises out of decisions relating to more than 2,000 retired British Army Gurkhas who have been refused rights to settle as they do not have "strong ties" with the UK as they retired from the army prior to a 1997 cut-off date.

Mr Justice Sullivan, sitting in London, granted a representative group of veterans permission to apply for a judicial review of the lawfulness of a policy they claim is discriminatory. The judge ordered an urgent hearing of the challenge to be held over two days, starting on September 16, when submissions will be made on behalf of the Gurkhas and the Home Department.

Test case appeals over the refusal decisions, due to be heard by the Asylum and Immigration Tribunal (AIT) on July 21, were stayed pending the outcome of September's proceedings.

The judge told a court packed with Gurkhas and their families that although it was regrettable that the AIT hearing could not now go ahead on Monday, they would have "an authoritative decision of this court as to whether or not the policy is unlawful" by the end of September.

He added: "Once it has been decided whether the policy is lawful it will be much easier to decide each individual case."

Lawyers for the veterans say that it has been established in the course of AIT proceedings that foreign soldiers would normally have been eligible for settlement simply upon completion of four years' service anywhere in the world.

But Gurkhas who retired prior to July 1 1997 - when the British Army moved its main Gurkha base from Hong Kong to the UK - "continue to be denied the opportunity to obtain settlement on the same basis as foreign soldiers discharged in the same period".

Shepway Lib Dem Councillor Peter Carroll was delighted with the decision. Peter Carroll represents Cheriton ward in Folkestone where many Gurkhas are based, and has argued for years that the treatment of the Gurkhas is unlawful discrimination. He said:

"I'm delighted Justice Sullivan has decided that he will hear the case in September. Although that leaves another few months delay, we're delighted with a full review."