Windrush scandal victim unlawfully denied compensation

A High Court judge has ruled that the Home Office unlawfully refused compensation to Raymond Lee, a member of the Windrush Generation, under the Windrush Compensation Scheme (WCS). Raymond, who first arrived in the UK as a child in the 1970s, was wrongfully denied re-entry to the UK in 1999 after a trip to Jamaica. He was detained, removed, and later granted indefinite leave to remain (ILR) in 2000. However, when Raymond applied for compensation for the mistreatment he suffered, including his detention and loss of employment, the Home Office rejected his claim in 2021. After two unsuccessful internal reviews, Raymond decided to challenge the decision through a judicial review.

On 7 March 2025, the judge ruled in Raymond’s favour, finding that the Home Office’s refusal was based on a legal error. The decision to reject his application was quashed, and the Home Office was instructed to reconsider the claim. The ruling could potentially benefit other Windrush Generation members who have faced similar mistreatment. Raymond Lee, expressing his relief, said, “For years, I have lived with the pain and injustice of being turned away from the UK. No one should have to fight this hard just to be recognised and treated fairly. I hope this decision forces the Home Office to do right by others who have suffered as I have.”

The case revolves around Raymond’s wrongful detention and removal in 1999, when he was travelling on a Jamaican passport, as he had done previously without issue. Although Jamaican citizens did not require a visa to enter the UK at that time, the immigration officials refused Raymond re-entry because he did not have documents to prove his status. Despite this, he was granted ILR in 2000 after returning to the UK. Raymond later applied for compensation in 2019 under the WCS but was denied, with the Home Office stating his ILR had lapsed after he had been out of the UK for more than two years.

The legal challenge argued that the Home Office’s refusal was flawed, particularly regarding the automatic lapsing of ILR when someone left the UK. Human rights lawyers from Leigh Day, representing Raymond, contended that the decision failed to account for the Immigration Rules which would have allowed Raymond to return under the settlement provisions. The judge agreed, stating that the Home Secretary had failed to ask the correct legal questions when making her decision. The ruling confirmed that the requirement in the WCS, which states that applicants must show their detrimental impact was caused by the “inability to demonstrate lawful status,” can include individuals who may have been entitled to re-enter the UK under the Immigration Rules, even if they did not have lawful status at the time.

Stephanie Hill, the human rights lawyer representing Raymond, commented, “This judgment is a significant victory for Raymond and for others affected by the Windrush scandal. The Home Office’s refusal to compensate him was legally flawed and a further injustice against someone who had already suffered so much. We urge the government to take swift action to properly compensate Raymond and to ensure that the Windrush Compensation Scheme operates fairly and lawfully for all those who have been wronged.”

Raymond’s case highlights the continued struggle for members of the Windrush Generation who have faced systemic mistreatment and the denial of compensation. The court’s ruling marks a pivotal moment in the fight for justice and could pave the way for others to seek rightful redress under the Windrush Compensation Scheme.

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