Skip to content

Windrush daughter can take case to Court of Appeal

Courtesy of Jeanell Hippolyte A black and white selfie of a woman with her hair in a bun and wearing a chain necklaceCourtesy of Jeanell Hippolyte
Jeanell Hippolyte said she was "devastated" by the original rejection for indefinite leave to remain

A woman whose father came to the UK as part of the Windrush generation has been given permission to go to the Court of Appeal in an attempt to stay in the country.

Jeanell Hippolyte was denied indefinite leave to remain (ILR) by the Home Office on the basis she had not been a continuous resident in the UK since her arrival in 2000.

Ms Hippolyte originally came to the UK from St Lucia as a 17-year-old student in 2000, but left in 2002 to comply with immigration rules after her student visa expired.

Her sister and two brothers were all allowed to stay in the UK under the Windrush Scheme - Ms Hippolyte's lawyers argue her case is the same.

Courtesy of Jeanell Hippolyte A group of people in the back of a vehicle, sitting on benches and looking at the camera. Courtesy of Jeanell Hippolyte
Ms Hippolyte's lawyers said she had a strong family connection to the UK

Ms Hippolyte's legal team argued that as the underlying purpose of the continuous residency rule was to show "strong and subsisting ties" to the UK, the Home Office should have exercised discretion to disapply the rule on the basis that Ms Hippolyte demonstrated her strong and subsisting ties to the UK in other ways.

These included her history of previous visits to the UK, her children being born in the UK and her eldest child attending school in the UK.

Courtesy of Jeanell Hippolyte A woman in a black crop top, black floppy hat and black leather trousers smiles at the camera with her hands on her hips. Sepia toned photograph.Courtesy of Jeanell Hippolyte
Jeanell Hippolyte moved to the UK aged 17 to be with her parents, and stayed for two years on a student visa

Ms Hippolyte said she was "encouraged" by the court's recognition that the issues raised deserve full consideration.

She added: "This appeal represents a chance to challenge what I believe was a serious injustice, and I am grateful for the chance to have my voice heard."

Listen to the best of BBC Radio London on Sounds and follow BBC London on Facebook, X and Instagram. Send your story ideas to [email protected]