Maya Gurung & Ors v Entry Clearance Officer

Maya Gurung & Ors v Entry Clearance Officer

The appellants failed to establish a causal connection between the historic injustice suffered by Gurkha veterans and their own circumstances. The judge was entitled to find that, had the historic injustice not occurred, the family configuration would have been different and the appellants would not have had a...

Source-derived case information.

Parties
Appellant: Maya Gurung; Appellant: Rajesh Gurung; Appellant: Rajani Gurung; Respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
08 April 2026
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
appeal dismissed
Legal Topics
Article 8 ECHR, Historic Injustice, Gurkha Veterans, Family Life, Proportionality, Causal Connection
Immigration Law Human Rights Law Article 8 ECHR Historic Injustice Gurkha Veterans Family Life Proportionality Causal Connection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Maya Gurung

Appellant

Rajesh Gurung

Appellant

Rajani Gurung

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether refusal of entry clearance to Gurkha descendants is disproportionate under Article 8 ECHR due to historic injustice
  2. 2 Whether there is a causal connection between the historic injustice and the appellants’ circumstances

Ratio Decidendi

The appellants failed to establish a causal connection between the historic injustice suffered by Gurkha veterans and their own circumstances. The judge was entitled to find that, had the historic injustice not occurred, the family configuration would have been different and the appellants would not have had a family life with the UK-based relatives. Therefore, the historic injustice was not a weighty factor and the interference with family life was proportionate.

Court Disposition

appeal dismissed