Windrush victim wins fight over application fees for family and breach of human rights, a court has ruled

WINDRUSH: Thousands of other Windrush victims have also reported similar problems to Mrs Mahabir (Photo by Matthew Horwood/Getty Images)

RELATIVES OF a women embroiled in the Windrush scandal can now apply for permission to live in the UK without having to pay thousands of pounds in fees, the High Court has ruled.

Charging the family of Lynda Mahabir was determined by the court to be a “colossal interference” in her human rights with fees costing more than £20,000.

52-year-old Mrs Mahabir was unable to live in the UK until 2018 and claims that the government failed to correctly record her immigration status in the 1970s.

Thousands of other Windrush victims has also reported similar problems.

Once able to move to the UK, she faced being separated from her relatives in Trinidad because the family was unable to pay for application fees of nearly £23,000 in order them to join her.

In taking the government to court, Mrs Mahabir said that the financial impact of the huge fees had caused more division from her husband, Winston, and five children.

Her lawyers posed arguments that this was a breach of her right to family life and discriminated against her relatives.

The Deputy High Court Judge, Tim Smith, ruled in favour of the family, and against the home secretary.

In response to the ruling, Mrs Mahabir told the BBC: “There are things that are worth fighting for and this was one of them.

“The UK is not really a bad place. It’s got lots of opportunities, not only for me but for my family also and in my mind it was worth fighting for.”

The Home Office has said that is it now reviewing its policy for cases where the application fee for relatives can be waived.

Mrs Mahabir previously told the Home Office in emails that finding the money for her family to apply would be a “daunting task.”

“We have never been separated from each other before,” she said.

“I would like for them to be given the opportunity to join me here where we can continue to make the positive impact on lives that we come into contact with.”

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