A former English instructor who was blocked for 25 years from returning to his residence in Britain after his passport was wrongly confiscated has been dominated ineligible for British citizenship as a result of size of his absence from the UK.

Ken Morgan, 70, described the choice as a “ridiculous catch-22”, and stated the only real motive he was absent for such a protracted interval was as a result of he was barred by British officers from travelling to the UK. He has requested a assessment.

Morgan moved aged 10 from Jamaica to the UK in 1960, earlier than Jamaican independence, travelling on a British passport. He attended college in London and lived and labored within the UK for greater than 30 years till 1994 when he travelled to a relative’s funeral in Jamaica. On his approach again to London he was stopped at check-in and his passport was confiscated.

He was unable to influence officers on the British Excessive Fee that that they had made a mistake, and he remained caught in Jamaica for 1 / 4 of a century till the Windrush scandal broke, when British diplomats referred to as him out of the blue to supply him a brief visa to permit him to journey again to the UK. He utilized for British citizenship in 2018, throughout his first go to residence.

His utility was rejected, after a delay of virtually two years, on the grounds that he had been in a foreign country on a date 5 years earlier than he made the appliance (at a time when he was barred from being within the UK due to the choice to confiscate his passport), and that he had spent greater than 450 days in a foreign country throughout the utility interval (a interval when he was not allowed to be within the UK).

“I’m sorry to inform you that you don’t meet the necessities for citizenship and also you should not have an entitlement to the precise of abode in the UK,” the choice letter states.

Morgan stated he was horrified by the choice. “How will you stop somebody from returning, then flip their utility down and inform them: you weren’t within the nation and subsequently aren’t eligible? Whats up? Whats up? Why was I not within the nation? It is unnecessary,” Morgan stated, by phone from Jamaica. He stated he had develop into sceptical about repeated Dwelling Workplace commitments to righting the wrongs skilled by the Windrush era. “The promised change of tradition hasn’t occurred. Once we take the limelight away from the Dwelling Workplace, they revert again to their outdated methods.”

After being barred from returning to the UK, Morgan was destitute on the streets of Kingston for some time, earlier than managing to start out a small enterprise, and retraining as a graphic designer. He ended up working for the College of West Indies, and notes that he “survived the chances and flourished”. He’s however anxious to safe his British citizenship.

Morgan’s lawyer, Irène Nembhard from Birnberg Peirce, stated the house secretary had the precise to train discretion in distinctive circumstances. “There isn’t a recognition that the only real motive for Mr Morgan being unable to satisfy the necessities set, was as a result of illegal act of the British official within the Excessive Fee in Jamaica, confiscating his legitimate British passport,” she states within the letter requesting a assessment.

“It’s deeply disturbing {that a} taskforce exactly set as much as proper the wrongs carried out to Windrushers may make such a elementary error. Neither Ken nor his attorneys can now have any confidence in statements by a succession of residence secretaries that they’re dedicated to offering justice for individuals who have been so severely injured by many years of hostile insurance policies applied by the Dwelling Workplace,” she stated.

A Dwelling Workplace spokesperson stated: “An impartial assessment, which was requested final month into Mr Morgan’s case, is ongoing. All citizenship functions are thought of on their very own deserves in step with the necessities set out in nationality laws.”