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

Written by Leah Mahon
Published on 7th May 2021

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

 The High Court has ruled that the family of Lynda Mahabir will be allowed to apply for permission to live in the UK without having to pay a £23,000 fee. Lynda Mahabir, who had previously lived in the UK in the 1970s before relocating to Trinidad, accused the government of inaccurately recording her immigration status at that time. This meant that she was denied the right to live in the UK until 2018. When she moved to the UK, Mrs Mahabir was informed that her husband and her children would not be allowed to apply to live with her unless they paid a £23,000 fee.

 Mrs Mahabir, who had never been separated from her family before this, decided to go to court to challenge this policy. Her lawyers argued that this policy discriminated against her family, who could not afford to pay the thousands of pounds in fees, and denied her the right to family life. The Deputy High Court Judge ruled in favour of the family. Thousands of Windrush victims claimed that they have faced the same discrimination that Mrs Mahabir and her family suffered.

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