Windrush daughter challenges ‘historic injustice’ in High Court
A 41-year-old woman whose father came to the UK as part of the Windrush generation has said it is a “historic injustice” she has been denied leave to remain.
East Dulwich resident Jeanell Hippolyte, whose two children were born in the UK, is challenging the decision in the High Court.
Ms Hippolyte’s sister and two brothers were given leave to remain in the UK under the Windrush Scheme because of their father’s status, but her own attempts have been denied for more than 20 years.
Her judicial review claim against the Home Secretary’s decision was heard at the High Court in London on Tuesday and Wednesday. A decision is not expected until the new year.
A Home Office spokesperson said: “It would be inappropriate to comment while there are ongoing legal proceedings.”
Ms Hippolyte’s father, Cletus Hippolyte, travelled to the UK in 1956. After arriving in the UK, he would visit St Lucia as a well known musician and met Ms Hippolyte’s mother.
Born in Castries, St Lucia, Ms Hippolyte followed her father to the UK in August 2000, aged 17.
She left in 2002, when her student visa expired, but later returned and has been living in East Dulwich since August 2020.
Ms Hippolyte said: “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.”
The Home Office has defended its decision on the basis that Ms Hippolyte has not been a continuous resident in the UK since she arrived in 2000.
But, her lawyers at law firm Leigh Day, argue that it was her father’s delayed status that caused her to leave, meaning she has been unable to meet the continuous residence criteria.
Ms Hippolyte said: “As a result I have had to split my life between the UK and St Lucia, and that means 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 brothers, Denzel and Danny Hippolyte, 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, Sherryanne Desmangles, was also granted British citizenship as a result of her application to the scheme in 2018.
Freya Danby, solicitor at Leigh Day said: “It is unfair that Jeanell is being treated differently from her siblings because she had to leave the UK at the age of 19 in order to comply with immigration control.
“There should be more flexibility in the Windrush Scheme so that people like Jeanell are still able to get a just outcome.”
Pictured top: Jeanell Hippolyte, whose two children were born in the UK, is challenging the decision in the High Court (Picture: Courtesy of Jeanell Hippolyte)