It has become necessitous to coin
a new maxim, the “Real Windrush Generation”. There needs to be a clear
distinction made between pre-1962 Citizens of the United Kingdom and Colonies
(pre-1962 CUKCs) and those New Commonwealth citizens who entered the UK after
the point in time marked by the entry into force of the Commonwealth Immigrants
Act 1962. Without this distinction it is not possible to see that we are considering
two separate issues.
Perhaps the Guardian should
produce an article which explains the distinction between the Real Windrush
Generation (the pre-1962 CUKCS) and the definition given by the government for
the “Windrush Generation”, which is in fact a misnomer. The reason for this suggestion
is elucidated in what follows.
Quotations used are from the
following article:
https://www.theguardian.com/uk-news/2018/jul/18/they-erased-a-bit-of-my-life-windrush-generation-on-home-office-treatment
Four people describe ordeal of
having their British citizenship questioned and downgraded
How does one downgrade
someone’s citizenship without it being a retrospective abrogation of their rights?
Of the four people mentioned in this article, it can be stated with
certainty that at least two of them are Real Windrush Generation and British
citizens. When it concerns the Real Windrush Generation, everyone seems to
forget that the law exists for all citizens and must be obeyed, even by Her
Majesty’s Government. At this point, it ought to be clearly stated that the
legislation passed by parliament which establishes the right of all pre-1962
CUKCs to British citizenship is the British Nationality Act 1948.
What is said to be the Windrush
Scheme has nothing whatsoever to do with the revocation of the rights of the Real
Windrush Generation. I have now made six different attempts to communicate with
those responsible for this Scheme, but to no avail. The reason for this
situation is clear. One thing has nothing to do with the other.
The Windrush Scheme was set up to
deal with persons entitled to Indefinite Leave to Remain, which does not apply
to pre-1962 CUKCs. As far as can be ascertained, no authority has been given to
deal with matters concerning pre-1962 CUKCs. I have been directed and
redirected until I have arrived at a dead end. Moreover, I have been informed
that the Windrush Scheme is only for the purpose of assisting the “Windrush
Generation”. Is it not ironic that the Home Office should introduce a Scheme
called “Windrush” which excludes the Real Windrush Generation? Has it anything
to do with the fact that the Real Windrush Generation are British citizens and
acceptance is being denied?
The Real Windrush Generation have
been making representations to the United Kingdom government for more than 40
(forty) years. Every application has fallen on deaf ears as per the wishes of
the legislators, clearly stated in the Immigration Act 1971, as amended by the
British Nationality Act 1981. Decisions on this matter have been made in secret
and without recourse to the relevant legislation since 1973. This has occurred
without any form of accountability since the entry into force of the
Immigration Act 1971. The legislation instructed those who were to enforce it,
that if the Real Windrush Generation attempted to claim their rights, they were
to be told to “prove it”. I use the expression “prove it” because it has been
used to me so many times by the Home Office and every UK embassy I have visited
over the years since 1988. No matter where the application was made the responses
were almost always identical.
This action has led to countless
unlawful deportations and exclusions and, even worse, the confiscation and
wilful destruction of perfectly legitimate and legally obtained passports,
which is another reason it is transparently deliberate action on the part of
the UK authorities in order to abrogate the rights of the Real Windrush
Generation.
With reference to passports,
Lydden Lewis needs to be careful as the UK government do not usually return
such passports, once confiscated. In fact, as stated, they are usually destroyed.
The evidence is destroyed enabling one to be told, “Prove it!” Every time such
decision was taken with regard to pre-1962 CUKCs, was the law broken?
Incidentally, the point to note is this. The only passports confiscated and
destroyed were the ones which confirmed the rights of the Real Windrush
Generation. Thereafter, the legitimate owners of said passports were told they were
not citizens, even though the passport seized and destroyed demonstrated their
right to citizenship.
To demonstrate the point with another
example from the above-named Guardian article. Tony Perry was told, “We are sorry to inform you that you are not
a British citizen”. Due to the fact that he arrived in Britain, from Jamaica,
in 1959, there is no basis in law for him to be given that information.
Furthermore, magnanimously awarding anyone in this situation with a visa giving
him or her Indefinite Leave to Remain is an abrogation of rights established
under the British Nationality Act 1948. Thus, the actions taken in this case is
not just ultra vires, it is unlawful.
The assumption is that the Home Office know immigration law, but do they?
Why has the Home Office been
permitted to operate outside the law for so many years, with such action being taken
in secret and without oversight from those responsible for so doing?
One only asks the reader to
consider the number of people from the New Commonwealth who lawfully entered
the United Kingdom between 1948 and 1962. That is the number of people caught
in this limbo, and the number who have been denied their lawfully acquired
rights by the United Kingdom government since 1973.
Surely it can be seen that what
has taken place is a grave abuse of power which has affected a large number of
people? How many? It is impossible to calculate because the number is greatly
affected by the date of Independence of each New Commonwealth state.
Most of the people affected are
dead, that is the only known factor. It would appear, probably much to the joy
of the UK government, as it seems the method by which the “Windrush Generation”
may be denied their rights to compensation is a current preoccupation.
This purgatory, which is in
effect worse than slavery, must be ended. It is even more important that the
condition in which the people referred to above died, becomes public knowledge.
If the government of the United
Kingdom wishes to disavow any statement made in this communication, I
respectfully request that they state upon which legislation they rely.
No more decisions about the Real
Windrush Generation made in secret by people who know us not, and who have been
instructed to deny rights given in legislation by the parliament of the United
Kingdom.
