Her brothers arrived in the UK in 2007, the court heard, and had ILR applications refused but overstayed, breaching immigration rules, until they successfully applied under the Windrush Scheme in 2019.
Mr Buttler continued: “Here the only relevant difference between the claimant and her brothers is that she complied with immigration control and they did not.”
William Hansen, representing the Home Office, said in written submissions that Ms Hippolyte applied to the Windrush Scheme in August 2020, and was refused in February 2021 because she had “not been continuously resident in the UK” since arriving in the country.
He said a request to review the application was rejected in July 2021, and a fresh application to the scheme was made in October 2022.
