Windrush daughter Jeanell Hippolyte granted permission to take her case to Court of Appeal

Mother of two Jeanell’s claim that she should be allowed to stay in the UK was refused by the High Court, despite her wider family holding British Citizenship. 

Jeanell first came to the UK from St Lucia as a teenager 25 years ago. Her father was granted Windrush status in 2018 and her sister and brothers were all given leave to remain in the UK under the Windrush Scheme, but Jeanell ‘s application was refused. She took her claim to the High Court, but her case was dismissed in November 2024. 

Her solicitor Freya Danby at Leigh Day prepared an application to appeal the ruling, and this week permission for the appeal was granted.  

Jeanell arrived in the UK in August 2000 when she was 17 but had to interrupt her residency in the country when her student visa expired in 2002. Her father, Cletus Hippolyte, who had arrived in 1956 as part of the Windrush Generation, was only granted proof of his ILR in 2003, which meant that Jeanell could not live legally in the UK with her wider family.Jeanell lived in St Lucia following her departure in 2002, with frequent family visits to the UK, until August 2020, and has since been continuously in the UK. Her father disappeared following a visit to St Lucia in 2019 and is now sadly presumed to be dead. 

Jeanell's father was granted British citizenship in 2018 and had Windrush status. Her sister was granted British citizenship under the Windrush Scheme in 2018, and her two brothers were granted ILR under the Windrush Scheme before being naturalised in 2019.  

The Home Office has repeatedly denied Jeanell’s applications for ILR on the basis that she has not been a continuous resident in the UK since her arrival in 2000.   

In its November 2024 ruling, the High Court accepted that the Home Office had acted unlawfully in failing to consider whether to exercise discretion. However, Jeanell’s claim was dismissed on the basis that even if the Home Office had previously considered whether to exercise discretion, it would not have made any difference to the outcome of Jeanell’s case. Her legal team say that this conclusion was flawed.  

Jeanell’s team argue that as the underlying purpose of the continuous residency rule is to show strong and subsisting ties to the UK, the Home Office should have exercised discretion to disapply the rule on the basis that Jeanell could demonstrate her strong and subsisting ties to the UK in other ways. These include her history of previous visits to the UK, her children being born in the UK and her eldest child attending school in the UK.   

Jeanell’s legal team say that as the Home Office failed to consider whether to exercise discretion in her circumstances, the decision should now go back to the Home Office to reconsider.  

Along with Leigh Day, Jeanell is also represented by barristers Chris Butler KC from Matrix Chambers, and Grace Brown from Garden Chambers. 

Jeanell Hippolyte said: 

“I’m encouraged by the court’s recognition that the issues raised deserve full consideration. 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."

Leigh Day solicitor Freya Danby, who represents Jeanell, said: 

“Jeanell has continued her fight for indefinite leave to remain despite many knock-backs. I am delighted that she has now been granted permission to have her claim heard in the Court of Appeal. The Windrush Scheme should be able to offer the flexibility to handle situations like Jeanell’s, where an applicant does not squarely meet the rules, but should nonetheless be granted leave under the scheme.  We look forward to putting Jeanell’s case to the Appeal Court.”