X Factor reject Gamu in court to fight for her right to stay in Britain

By Daily Mail Reporter


-Singer and family launch appeal against rejected visa
-Lawyers hope for a decision in next few weeks
-Gamu and mother hold hands in court during proceedings


Rejected X Factor contestant Gamu Nhengu and her family launched an appeal in court today to stay in Britain.

The 18-year-old singer, who was eliminated from the ITV talent show at the judges' houses stage, had been told she must return to her native Zimbabwe after her mother Nokuthula Ngazana's visa application was turned down.

However at the start of the hearing at the Immigration Court in Glasgow today, a Home Office representative said the case would be reconsidered and a 'fresh decision will be made in due course'.

Speaking after the hearing, the family's lawyer, Frances Farrell, told reporters they were optimistic about the decision, which is expected to be made in the next few weeks.

'The family are pleased that the Home Office have withdrawn their decisions and decided to reconsider my clients' cases.' Mrs Farrell said.

'The family are hopeful that they will now be granted leave to remain in the UK.

'They want to thank everyone for all the wonderful support they have had.'

Miss Nhengu, who lives with her family in Tillicoultry, Clackmannanshire, was allowed to stay in the country as a dependant while her mother studied at university.

But her mother's visa expired and the family's application to remain was rejected as they did not meet Home Office criteria.

The move came amid allegations, denied by the family, that Ms Ngazana had wrongly claimed working tax credits.


Big dreams: Gamu took her mother on stage during an early audition, where she won over legions of fans with her talent


Sad: Despite her polished performance, Gamu failed to win over Cheryl who said at the time that she is sad for Gamu and her family but stressed that the Zimbabwean's visa problems did not influence her decision

The family was told last month to leave the UK voluntarily or face deportation to their native Zimbabwe.

Despite initially being told they had no right of appeal, the family was given a lifeline after being granted a full appeal hearing before a judge.

The case, an appeal against the refusal of Ms Ngazana's visa, was heard before judge Mungo Deans.

Ms Ngazana and Miss Nhengu were present for the hearing and held hands as they waited for proceedings to get under way.

But a Home Office representative told the start of the hearing that he had instructions to withdraw the original decision dating to October 6, over a 'technical issue'.


Judgment time: The Immigration Court in Glasgow where the hearing was held


Myles Matthews said the case 'will now be reconsidered and a fresh decision will be made in due course'.

Mr Deans said: 'There is nothing to come now before the tribunal to hear or consider. That's the end of proceedings, as far as these particular appeals are concerned.'

Mrs Farrell added: 'They (the Home Office) will go and reconsider the matter, so it's open to them to either issue another refusal, against which there would definitely be right of appeal, or it's open to them to grant my clients' leave.'

The solicitor said she hoped a fresh decision would be made within weeks, rather than months.

Miss Nhengu became a household name when X Factor judge Cheryl Cole failed to put her through to the live shows.

Her controversial axing caused a storm among viewers, with hundreds of thousands of fans signing up to a page on social networking website Facebook demanding her reinstatement.


Support: Over 128,000 people joined the 'Gamu should have got through' group on Facebook



Source:Dailymail