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UK Court of Appeal rules in favour of Jamaican man in citizenship dispute

Senior judges in the UK have ruled that a Jamaican man who travelled to Britain 62 years ago at the age of three as part of the Windrush generation was shamefully treated because he could not get formal documentation of  his immigration status.
 
The three Court of Appeal judges made the declaration in a ruling on day.
 
It was the latest stage of a citizenship dispute, that Hubert Howard, who was born in Jamaica and died in Britain in 2019, had suffered serious problems from being subjected to a hostile environment.
 
Lord Justice Underhill, Lord Justice Baker and Lady Justice Elisabeth Laing said Mr. Howard's family had been compensated under the Windrush Compensation Scheme for the way in which he was treated.
 
The ruling states that Mr. Howard was entitled to reside in the UK on the basis that he had indefinite leave to remain; and he did not require any individual grant of permission to do so.
 
In 2012, Mr. Howard lost a long-term job as a caretaker after an inspection by immigration officers.
 
Mr. Howard had applied for naturalisation as a British citizen in 2018.
 
Home Office ministers refused his application on the basis that Mr. Howard did not satisfy the statutory good character requirement.
 
A Home Office letter explained how Mr. Howard's application was refused because he had been convicted of a number of criminal offences and given a 12-month suspended jail term for assault.
 
Appeal judges said all but one of the offences were minor.
 
They said the assault conviction occurred in 2018, when Mr. Howard, who was seriously ill, became angry with the doctor's receptionist, had attempted to snatch paperwork from her, and in the course of doing so grabbed her finger.
 
Mr. Howard had brought proceedings challenging the refusal of his application in April 2019, arguing that it was inconsistent with promises made by then Home Secretary Amber Rudd, in a House of Commons statement in April 2018, about the treatment of members of the Windrush generation.


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