Gurkhas' legal challenge go-ahead

Their case arises out of decisions relating to more than 2,000 retired British Army Gurkhas who have been refused rights to settle as they do not have "strong ties" with the UK.

Mr Justice Sullivan, sitting in London, granted a representative group of veterans permission to apply for a judicial review of the lawfulness of a policy they claim is discriminatory.

The judge ordered an urgent hearing of the challenge to be held over two days, starting on September 16, when submissions will be made on behalf of the Gurkhas and the Home Department.

Test case appeals over the refusal decisions, due to be heard by the Asylum and Immigration Tribunal (AIT) on July 21, were stayed pending the outcome of September's proceedings.

The judge told a court packed with Gurkhas and their families that although it was regrettable that the AIT hearing could not now go ahead on Monday, they would have "an authoritative decision of this court as to whether or not the policy is unlawful" by the end of September.

He added: "Once it has been decided whether the policy is lawful it will be much easier to decide each individual case."

Lawyers for the veterans say that it has been established in the course of AIT proceedings that foreign soldiers would normally have been eligible for settlement simply upon completion of four years' service anywhere in the world.

But Gurkhas who retired prior to July 1 1997 - when the British Army moved its main Gurkha base from Hong Kong to the UK - "continue to be denied the opportunity to obtain settlement on the same basis as foreign soldiers discharged in the same period".

They argue that this amounts to "unlawful discrimination".