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Trini Windrush victim eager to reunite with family - Trinidad and Tobago Newsday

Trinidadian national Lynda Mahabir, a victim of the Windrush scandal in the United Kingdom, says she is looking forward to being reunited with her family soon.

Last week, a UK High Court ruled that the Secretary for the Home Department had committed 'a colossal interference'' in Mahabir's right to family life.

She took the government to court claiming the financial impact of the fees for them to apply to enter the UK had separated her from her husband, Winston, and five children.

Her lawyers argued this was a breach of her right to family life, and discriminated against her relatives. Deputy High Court Judge Tim Smith ruled in favour of the family, and against the home secretary.

Smith said there was no dispute Mahabir was a Windrush victim.

Mahabir went to the UK at two months old in 1969, before being brought back to Trinidad by her father in 1977.

The Home Office failed to document her lawful immigration status and, as a result, she was unable to return to the UK for 41 years - until she was granted leave to remain under the Windrush scheme in 2018.

WAITING TO BE REUNITED

In a WhatsApp conversation with Newsday, Mahabir said she was very 'thankful and grateful' for the outcome of the case in court. 'And, my family and I are looking forward to be reunited soon.'

She admitted it was a hard and tough journey, but it was a battle that was worth fighting for.

'It was not an easy road but through our faith in Jesus, he gave us the strength to cope with the hardships faced.'

She and her family keep in touch through social media and WhatsApp, she said. How soon does she expect they will be able to join her in the UK?

'As soon as the Home Office responds to the applications submitted by my lawyers.'

She said she went to the UK as a child and was given the wrong immigration status. She returned to the UK and was granted leave to remain under the Windrush scheme in 2018.

She said Home Office did not recognise that her family should also be there with her. Mahabir said despite the way she and her family were treated, she did not give up.

Mahabir challenged the home office's refusal to consider her husband and children's application under the Windrush scheme, saying they had to pay the relevant application fees, which would have amounted to over £20,000.

Mahabir, in e-mail exchanges with the Home Office, said it would be a 'daunting task' to pay the fees but wanted to establish her status as a British citizen and wanted her family with her.

In her judicial review claim, she challenged the home office's refusal to allow the family to make fee-free applications to enter the UK.

She argued her family was forced to separate for over two years and this was in breach of their right to family life under Article 8 of the European Convention on Human Rights (ECHR) and of their rights not to be discriminated against under Article 14 of the ECHR.

A THANKLESS CHOICE

In his ruling, Smith held that Mahabir was faced with 'a thankless choice,' of either giving up the remedies put in

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