Justice for Windrush? Redress, Reform, Repeat

Abstract

This article explores the scope and limits of the law as a means of remedying the injustices of the Windrush scandal, focusing on pathways to British citizenship for Windrush victims. We begin by discussing the available avenues for redress for denial of British citizenship to members of the Windrush generation. We then consider potential legislative reform, which might expand the powers of the Home Secretary to further facilitate the acquisition of British citizenship by individuals in the affected groups. Finally, we examine ongoing developments in immigration and citizenship law, including the post-Brexit treatment of EU citizens resident in the UK, which indicate that, notwithstanding the Windrush scandal and the responses it generated, the UK government is simply repeating the failings of the past.

Keywords: Windrush, citizenship, naturalisation, immigration, United Kingdom