We are seeking permission to apply for a judicial review against the government’s Windrush Scheme, after the Home Office refused to grant the child of a Windrush victim leave to remain in the UK – putting the 39-year-old man at risk of immigration removal.

In a last-ditch attempt, Thompsons Solicitors has sought permission from the High Court this week for a judicial review of the Home Office’s decision to refuse to regularise the immigration status of Damian Gabrielle, who has spent all of his adult life in the UK.

If granted, it will be a significant step forward in Mr Gabrielle’s fight to remain in the UK. If it fails, Mr Gabrielle faces continued struggles to remain in this country and could potentially face immigration removal to St Lucia, which he left at the age of 18.

Damian Gabrielle has been battling to prove his legal right to remain in the UK for 21 years. His application for British citizenship, through the Windrush Scheme, failed on the grounds that his father delayed having his son join him until two months after Mr Gabrielle’s 18th birthday, while he sought to ensure he had a home in the UK for him to come to. His original request for a judicial review was rejected in 2021. The decision is the last legal chance Mr Gabrielle has to secure his long-term future in the UK.

Richard Arthur, of Thompsons Solicitors, said: “The Windrush Scheme has been plagued by controversy since its introduction and has done little to right the wrongs of the Windrush generation, whose lives have been turned upside down through no fault on their own.

“Whatever decision is made won’t make up for the unnecessary anguish and stress that our client and his family have faced for decades, but we hope the High Court will grant permission for a judicial review so the family can be one step closer to justice.”