Mr Gurung was critically ill, after suffering a stroke. In 2006 he applied to settle in Britain, under British immigration rules allowing ex-Gurkhas the right to ILE. However, the British Government rejected Mr Gurung’s ILE application, despite the clearest evidence that he needed, and continues to need, specialist hospital care (for free) in the UK. In addition, his son (who is Mr Gurung’s primary carer) was also refused the right to live in Britain.
With the help of Howe & Co solicitors in London, GAESO through its members brought a test case legal challenge on behalf of Mr Gurung. His case (along with that of 5 other retired Gurkhas) is currently before the British High Court and the British Immigration Court. A hearing is to be heard in the High Court on 16 and 17 September 2008. However, as Mr Gurung’s medical condition began to deteriorate rapidly and it became clear that he needed immediate medical care in Britain, his London solicitors with GAESO help made detailed impassioned representations to the British Home Secretary and Foreign Secretary, on an almost daily basis, pleading for Mr Gurung and his son to be allowed to live in Britain.
Initially, the British Government refused to budge and dug in their heels. They then said Mr Gurung had to re-submit his application and pay over £1,000 in further visa fees to the British Embassy, before they would reconsider his position. GAESO and Mr Gurung’s solicitors argued that the British Government’s position was inhuman and callous, and that if this brave ex-Gurkha was not allowed into Britain immediately we would commence a fresh legal action on his behalf and challenge the British Government’s further refusals. His solicitors pointed out that the British Embassy in Kathmandu was killing more Gurkhas than the Taliban. 7 veterans have died waiting for the British Government to allow their appeals. Many others live in desperate conditions in Nepal in need of urgent medical help.
This morning, 29 July 2008, the British Government finally conceded Mr Gurung’s case after a battle lasting almost 2 years. They have immediately granted him and his son ILE, and GAESO is making all efforts to ensure he can get to Britain in order to get the free, high quality medical care he now needs. His son will also be able to look after him in the UK, providing him with care and financial support.
GAESO President, Padam Gurung, who is in London leading the legal challenges on behalf of ex-British Army Gurkhas, stated:-
“I am very pleased that GAESO’s long legal battle on behalf of Mr Bhim Prasad Gurung has been successful, and that he and his son will be allowed to live in Britain. It was shocking that the British Government waited almost 2 years to allow Mr Gurung to get ILE. Unless we had challenged the decision, and brought Mr Gurung’s case to court, he would now be left to die in Nepal without proper medical care.
The decision also sets an important precedent, as Bhim Prasad Gurung sought ILE outside the normal Gurkha immigration rules, because of his health, and in the end the British Government could not force him to pay another visa application fee. He and his son were granted ILE on what the British Government describe as “compassionate” grounds. GAESO’s view is that this now opens up the way for other Gurkhas, who are critically ill and cannot afford visa application fees, to seek a right to settlement and medical treatment in Britain.
Now that 1 of the 6 lead Gurkha test cases has been conceded by the British Government, I hope it will not be long before all Gurkhas are allowed to get ILE and not to have to pay the ridiculously high British Embassy visa fees. If the British Government does not settle the other cases, then we will ask the British High Court, at the hearing on 16 September 2008, to finally bring justice to the Gurkhas and allow our families and us the right to live in Britain.
This is a great victory for GAESO, for the Gurkhas, but most importantly for Bhim Prasad Gurung and his family. He now has the chance of a new and healthy life in the UK.”
President, Padam Gurung
