Gurkha historic injustice does not remove the need to prove causation

May 22, 2026 · WOWERI

The UK Upper Tribunal has dismissed an appeal by the daughter-in-law and grandchildren of a former Gurkha, ruling that the historic injustice suffered by Gurkha veterans did not make the refusal of entry clearance disproportionate. The tribunal confirmed that where a Gurkha historic injustice argument is raised, it is necessary to prove causation.

Gurkha historic injustice does not remove the need to prove causation

The UK Upper Tribunal has dismissed an appeal by the daughter-in-law and grandchildren of a former Gurkha, ruling that the historic injustice suffered by Gurkha veterans did not make the refusal of entry clearance disproportionate. The tribunal confirmed that where a Gurkha historic injustice argument is raised, it is necessary to prove causation. The Upper Tribunal considered the appeal by the daughter-in-law and grandchildren of a former Gurkha, who challenged the decision to refuse entry clearance. The tribunal held that the historic injustice suffered by Gurkha veterans did not make the refusal of entry clearance disproportionate on the facts of their case. It is worth noting that this decision is not final and may be appealed to a higher court. However, it highlights the importance of careful consideration of each case and the need to prove causation in each instance.

Conclusion

The Upper Tribunal's decision highlights the need to prove causation in each case, even where historic injustice is alleged. This decision should be taken into account by all those applying for a visa or appealing a decision to refuse entry clearance.

Source: freemovement.org.uk