Court of Appeal rules Home Office must look again at Windrush daughter Jeanell Hippolyte’s case

It is the first successful case related to Windrush to be brought at the Court of Appeal.

In a judgment handed down today, the Court of Appeal ruled the Home Office was wrong when it failed to consider exercising its discretion to grant Jeanell's application, even though she did not squarely meet the criteria for indefinite leave to remain (ILR) under the Windrush scheme. 

The Home Office and High Court denied Jeanell ILR because she had not fulfilled the requirement to be continuously resident in the UK.

Jeanell had been unable to fulfil the continuous residency criteria because her father’s Windrush ILR status was not confirmed in time to make it possible for her to apply to stay legally in the UK.

Jeanell arrived in the UK in August 2000 when she was aged 17 but had to leave 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 a year later in 2003.  

Jeanell's applications to return to the UK, made in February 2006 and 2008, were then refused. 

Jeanell lived in St Lucia with frequent family visits to the UK, until August 2020, and has since been continuously in the UK. Cletus was granted British citizenship in 2018 and had Windrush status. Jeanell’s 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.  Her father disappeared following a visit to St Lucia in 2019 and is now sadly presumed to be dead.  

The Court of Appeal accepted that the purpose of the continuous residence requirement in the Windrush policy is to show strong and subsisting ties to the UK.

Jeanell’s case was that she could show her close ties to the UK in other ways, such as her history of extensive visits to the UK, her children being born in the UK and her eldest child attending school in the UK and given this, she fell within the ‘spirit’ of the Windrush Scheme, even if she did not strictly fall within the exact terms of the continuous residency requirement. 

However the Home Office never considered this.

In November 2024, the High Court ruled in favour of the Home Office, but Jeanell took her case to the Court of Appeal.  

Her legal team argued 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.  

Today, the Court of Appeal ruled the High Court had erred in law and agreed with Jeanell’s legal team. Judges said the Home Office had failed to exercise discretion in Jeanell’s case and the decision will now go back to the Home Office to reconsider.

In its judgment, the Court of Appeal said:

“It is important that the general discretion which Parliament has conferred on the [Home Office] should be capable of being exercised in a holistic way, having regard to all the circumstances of an individual application.”

Freya Danby, solicitor at Leigh Day said:  

“I am delighted that Jeanell’s appeal has succeeded. Throughout this process, she has shown remarkable courage and resilience, continuing her fight for indefinite leave to remain despite numerous setbacks.

"Today’s judgment rightly recognises that the Home Office should have considered exercising discretion under the Windrush Scheme. While Jeanell did not strictly meet the scheme’s criteria, her circumstances fall within its spirit. I hope this decision encourages greater flexibility for others in similar situations.

"This case could have a significant impact on other cases where people don't squarely meet the rules. The Home Office may have to update its guidance in light of the judgment."

Jeanell Hippolyte said:

“I’m delighted by the Court’s decision and I am so grateful that the right outcome has happened. I feel that justice has been served. I am grateful for the chance to have my voice heard and to my legal team, Freya Danby, Jacqueline McKenzie, Chris Butler KC and Grace Brown, for all of their help and support throughout."

Jeanell was represented by Windrush solicitor Freya Danby, of Leigh Day, who instructed Chris Butler KC of Matrix Chambers and Grace Brown, joint head of Garden Court Chambers.