Mother fights Windrush 'injustice' in High Court

Jeanell Hippolyte's sister and two brothers have been given leave to remain in the UK under the Windrush Scheme

A mother of two whose father came to the UK as part of the Windrush generation has said it is an "injustice" she has been denied leave to remain.

Jeanell Hippolyte, 41, whose children were born in the UK, said she had been "denied the same right" as her family and is challenging the decision in the High Court.

Her sister and two brothers have been given leave to remain in the UK under the Windrush Scheme, but her own attempts to be granted the same status have been denied.

A Home Office spokesperson said: “It would be inappropriate to comment while there are ongoing legal proceedings.”

Jeanell Hippolyte moved to the UK aged 17 to be with her parents, and stayed for two years on a student visa

“My dad came to the UK as part of Windrush in 1956," said Ms Hippolyte, who grew up in St Lucia and first came to the UK in 2000 aged 17. She left in 2002 when her student visa expired but later returned, and has been living in south-east London since August 2020.

"I came to the UK as his daughter, to study here in 2000. I wanted to stay and make a life here, like my family have been allowed to do.

"But simply because my dad’s Windrush status was not rubber-stamped until 2003, I have never been able to live here continuously."

Her lawyers argue that it was her father's delayed status that caused her to leave, meaning she has been unable to satisfy the necessary continuous residence criteria.

"I have had to split my life between the UK at St Lucia," Ms Hippolyte said. "I have been denied the same right that my family has been granted to live here permanently.

“This is an injustice that I want to see corrected, not just for me but for all of the other Windrush generation children who have been affected by this loophole.”

Ms Hippolyte's lawyers say she has a strong family connection to the UK

She says she has been "denied the same right" as her family

Her brothers, who came to the UK in 2007 aged 13 and 14, stayed in breach of immigration rules.

They were later granted indefinite leave to remain through the Windrush Scheme and became naturalised citizens in 2019. Her sister was granted British citizenship as a result of her application to the scheme in 2018.

Ms Hippolyte's legal team argue that she has been "penalised" for having complied with immigration rules when her brothers were not.

Her judicial review claim against the Home Office’s decision began being heard at London's High Court on Tuesday. The hearing concludes later on Wednesday.