Five veteran Gurkhas and a widow of a former serviceman bring their case for judicial review of the government's refusal to let them live in the UK before the High Court today.

Around 40 retired Gurkhas protested outside parliament yesterday ahead of a High Court challenge against the government's decision.

Gurkhas who left the British Army after 1997 have automatic permission to stay. But those who left before must apply for residency after a ruling in 2004 meaning Gurkhas can be rejected and deported despite years of military service for the Crown.

The campaigners handed a petition signed by 45,000 highlighting their treatment to Downing Street. All other foreign soliders have the right to settle in the UK after four years service prompting the Gurkhas claim of unlawful treatment.

They will be supported by actress Joanna Lumley:"My father served with the Gurkhas for 30 years. Like so many people in Britain I am ashamed at how successive governments have failed these magnificent and loyal soldiers. The overwhelming wish of the British is to allow them to live here if they so choose. I sincerely hope the court finds
in their favour," she said.

The resettlement rights campaign has been funded by legal aid. Solicitor Martin Howe, of human rights lawyers Martin Howe and Co, who are representing some Gurkhas, called the Government's refusal to settlement "discrimination based on their nationality and ethnicity". They also receive a lower pension than their British counterparts.

The judgement will decide the fate of more than 2,000 former Gurkhas, who are famed for their braver. Almost 50,000 have died in fighting and the Gurkha brigade has been awarded 13 Victoria crosses.