Court finds Windrush Scandal victim was unlawfully refused compensation by Home Office

Raymond Lee, who had first come to the UK as a child in the 1970s, was denied re-entry to the country in 1999 after a trip to Jamaica and then was detained and removed.

Although he later regained his immigration status, efforts to claim compensation under the WCS were rejected by the Home Office, resulting in him to taking legal action to challenge the decision by way of Judicial Review.

On Friday 7 March, a judge ruled that his judicial review claim was successful. The previous decisions to refuse his application have been quashed and the Home Office will now give his application fresh consideration.

The ruling could also benefit other Windrush Generation members who have suffered similar mistreatment.

Raymond first came to the UK as a child in the 1970s. He went to school, worked, married, and raised a family here. However, in July 1999, he was denied re-entry. He was travelling on a Jamaican passport, as he had done before without issue. This time however, he was refused entry at Heathrow, detained, and sent back to Jamaica.

At the time, Jamaican citizens did not need a visa to enter the UK. Raymond had last been in the UK just a month earlier and believed he was entitled to return. However, because he was travelling on a new passport, he did not have any documents to prove his status and immigration officials refused him re-entry.

Raymond returned to the UK in 2000 and was later granted indefinite leave to remain (ILR). In 2009, he went back to Jamaica when his father became ill and died. Since then, he has not returned. In 2018, he was granted a 10-year visit visa under the Windrush Scheme but has been unable to afford the airfare.

In 2019, he applied to the Windrush Compensation Scheme (WCS) for compensation for his detention, removal, loss of employment, and the impact of being denied entry in 1999. The Home Office first rejected his claim in 2021, stating his ILR had lapsed after being out of the UK for two years. Two internal reviews by the Home Office in 2021 and 2022 upheld the decision to refuse compensation.

Human rights lawyers at Leigh Day argued this decision was flawed. Until 2000, ILR automatically lapsed when someone left the UK, but returning residents could be readmitted for settlement under the Immigration Rules.

The judge found that the Home Secretary had failed to ask herself the correct questions when deciding Raymond’s application, and had failed to consider how the Immigration Rules would have applied in 1999. He found that it was this legal error which led the Home Office to decide that Raymond was ineligible for compensation.

In reaching his judgment, the judge also considered the requirement in the WCS that an applicant show that the detrimental impact they suffered was due to the “inability to demonstrate lawful status”. The judge confirmed that this requirement can encompass individuals who were potentially entitled to be readmitted to the UK under the relevant Immigration Rules, even if he or she did not strictly have lawful status at the time due to the automatic lapsing of ILR.

Raymond Lee said: 

“For years, I have lived with the pain and injustice of being turned away from the UK. No one should have to fight this hard just to be recognised and treated fairly. I hope this decision forces the Home Office to do right by others who have suffered as I have.”

Stephanie Hill said: 

“This judgment is a significant victory for Raymond and for others affected by the Windrush scandal. The Home Office’s refusal to compensate him was legally flawed and a further injustice against someone who had already suffered so much. We urge the government to take swift action to properly compensate Raymond and to ensure that the Windrush Compensation Scheme operates fairly and lawfully for all those who have been wronged.”

See press coverage:

• Windrush victims could have compensation reconsidered after ruling | Windrush scandal | The Guardian
• Windrush scandal victim unlawfully denied compensation – Solicitors Journal
• Windrush Scandal victim granted review over rejected compensation | The Independent