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Home Office handling of Windrush citizenship claims ruled ‘irrational’

High court finds that government insistence that applicants meet ‘good character’ requirement was unlawful
The Home Office’s handling of some Windrush citizenship applications has been irrational and unlawful, the high court has ruled in a judgment that will prevent the department from refusing citizenship to Windrush-generation applicants due to minor, historical convictions.
The court was ruling on the case of Hubert Howard, who was repeatedly denied British citizenship over the course of a decade, despite having lived in the UK since he arrived from Jamaica at the age of three in 1960.
The Home Office sought to deny him citizenship, despite the 59 years he had spent continuously in the UK, because of a number of minor convictions, most of them committed in the 1970s and 1980s – none were serious enough to trigger a jail sentence. He was still fighting for naturalisation from his intensive care bed as he was dying in hospital in October 2019.
Howard was finally granted citizenship on an “exceptional basis” three weeks before his death after the Home Office reversed its position. The judicial review against the department’s initial decision, submitted in early 2019, was continued by his daughter Maresha Howard Rose.
The judgment said it was “irrational” of the Home Office to insist that Windrush claimants should meet the “good character” requirement, which is one element of eligibility criteria for citizenship, and that it was unlawful to continue refusing citizenship to applicants on the basis of minor criminal records.
Lawyers from Deighton Pierce Glynn, acting for Howard’s family, said anyone whose application for citizenship had been refused under the Windrush scheme because of they failed to meet the good character requirement should now consider reapplying.
They argued that the announcement of the Windrush scheme by former home secretary Amber Rudd made it clear that the thousands of Windrush-era immigrants who had arrived in the UK in the 1950s and 60s, but who had not formally naturalised, were “British in all but legal status”. The judgment accepted that Rudd had wanted to waive the good character requirement, but her successor as home secretary, Sajid Javid, had opted to keep it. The high court ruling said this decision was unlawful.
In the 1980s there was a government programme to register Windrush-generation people, allowing them to acquire British citizenship with no need to meet the good character requirement. At the time, officials said there was no need to register, and at least 8,000 people did not. Many of those who never formally naturalised were, like Howard, later wrongly classified as immigration offenders.
Howard first applied for a British passport in 2005 but was refused, and as a result he was unable to travel to Jamaica to visit his critically ill mother or attend her funeral. He was dismissed from his caretaker job in 2012 because he was unable to prove he was not in the country illegally. References from his employer attested to his good character, describing him as “reliable, hardworking and diligent”.
Solicitor Connie Sozi said Howard had been determined to pursue the case, even when he understood that he was not going to live long enough to see it come to court. “Applying barriers in the context of the Windrush scheme, which was set up to correct the historic injustice suffered by the Windrush generation, was an abhorrent abuse of power by the government and I am glad for Hubert that the high court has now recognised it was unlawful. It is too late of course for him, but today’s ruling is at least considerable vindication for his daughter and his family and the many other families affected by the ‘good character requirement’.”
Maresha Howard Rose said her father had been devastated by the repeated refusals of citizenship. “It just felt like he was just giving up; we saw him suffer so badly. I’m sad he isn’t here to see this victory, but I hope it will help others get justice.”
A Home Office spokesperson said: “A history of criminality is not an absolute bar to gaining British citizenship and all members of the Windrush generation who apply successfully to the Windrush taskforce will receive the documentation they need to work and access services, free of charge. We will now consider this judgment carefully and we will consult the Windrush Cross-Government Working Group on any future policy development in this area.”
source: Amelia Gentleman
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BENEFIT AGM approves 10%...
- March 27, 2025
BENEFIT, the Kingdom’s innovator and leading company in Fintech and electronic financial transactions service, held its Annual General Meeting (AGM) at the company’s headquarters in the Seef District.
During the meeting, shareholders approved all items listed on the agenda, including the ratification of the minutes of the previous AGM held on 26 March 2024. The session reviewed and approved the Board’s Annual Report on the company’s activities and financial performance for the fiscal year ended 31 December 2024, and the shareholders expressed their satisfaction with the company’s operational and financial results during the reporting period.
The meeting also reviewed the Independent External Auditor’s Report on the company’s consolidated financial statements for the year ended 31 December 2024. Subsequently, the shareholders approved the audited financial statements for the fiscal year. Based on the Board’s recommendation, the shareholders approved the distribution of a cash dividend equivalent to 10% of the paid-up share capital.
Furthermore, the shareholders endorsed the allocation of a total amount of BD 172,500 as remuneration to the members of the Board for the year ended 31 December 2024, subject to prior clearance by related authorities.
The extension of the current composition of the Board was approved, which includes ten members and one CBB observer, for a further six-month term, expiring in September 2025, pending no objection from the CBB.
The meeting reviewed and approved the Corporate Governance Report for 2024, which affirmed the company’s full compliance with the corporate governance directives issued by the CBB and other applicable regulatory frameworks. The AGM absolved the Board Members of liability for any of their actions during the year ending on 31st December 2024, in accordance with the Commercial Companies Law.
In alignment with regulatory requirements, the session approved the reappointment of Ernst & Young (EY) as the company’s External Auditors for the fiscal year 2025, covering both the parent company and its subsidiaries—Sinnad and Bahrain FinTech Bay. The Board was authorised to determine the external auditors’ professional fees, subject to approval from the CBB, and the meeting concluded with a discussion of any additional issues as per Article (207) of the Commercial Companies Law.
Speaking on the company’s performance, Mr. Mohamed Al Bastaki, Chairman BENEFIT , stated: “In terms of the financial results for 2024, I am pleased to say that the year gone by has also been proved to be a success in delivering tangible results. Growth rate for 2024 was 19 per cent. Revenue for the year was BD 17 M (US$ 45.3 Million) and net profit was 2 Million ($ 5.3 Million).
Mr. Al Bastaki also announced that the Board had formally adopted a new three-year strategic roadmap to commence in 2025. The strategy encompasses a phased international expansion, optimisation of internal operations, enhanced revenue diversification, long-term sustainability initiatives, and the advancement of innovation and digital transformation initiatives across all service lines.
“I extend my sincere appreciation to the CBB for its continued support of BENEFIT and its pivotal role in fostering a stable and progressive regulatory environment for the Kingdom’s banking and financial sector—an environment that has significantly reinforced Bahrain’s standing as a leading financial hub in the region,” said Mr. Al Bastaki. “I would also like to thank our partner banks and valued customers for their trust, and our shareholders for their ongoing encouragement. The achievements of 2024 set a strong precedent, and I am confident they will serve as a foundation for yet another successful and impactful year ahead.”
Chief Executive of BENEFIT; Mr. Abdulwahed AlJanahi commented, “The year 2024 represented another pivotal chapter in BENEFIT ’s evolution. We achieved substantial progress in advancing our digital strategy across multiple sectors, while reinforcing our long-term commitment to the development of Bahrain’s financial services and payments landscape. Throughout the year, we remained firmly aligned with our objective of delivering measurable value to our shareholders, strategic partners, and customers. At the same time, we continued to play an active role in enabling Bahrain’s digital economy by introducing innovative solutions and service enhancements that directly address market needs and future opportunities.”
Mr. AlJanahi affirmed that BENEFIT has successfully developed a robust and well-integrated payment network that connects individuals and businesses across Bahrain, accelerating the adoption of emerging technologies in the banking and financial services sector and reinforcing Bahrain’s position as a growing fintech hub, and added, “Our achievements of the past year reflect a long-term vision to establish a resilient electronic payment infrastructure that supports the Kingdom’s digital economy. Key developments in 2024 included the implementation of central authentication for open banking via BENEFIT Pay”
Mr. AlJanahi concluded by thanking the Board for its strategic direction, the company’s staff for their continued dedication, and the Central Bank of Bahrain, member banks, and shareholders for their valuable partnership and confidence in the company’s long-term vision.
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