'X Factor' reject to fight deportation

'X Factor' reject Gamu Nhengu is set to fight her deportation from the UK.

'X Factor' reject Gamu Nhengu is set to fight her deportation from the UK.

The 18-year-old singer - who was kicked off the singing competition show last weekend after failing to make mentor Cheryl Cole's final three - is due to be forced out of the home she shares with her mother Nokuthula Ngazana and brothers Milton, 11, and Marty, nine, in Scotland.

Gamu's mother's application to remain in the country was turned down after the UK Border Agency claimed she didn't meet the conditions for visa approvals, and had no right of appeal. They are expected to leave the country they have lived in for eight years voluntarily or face deportation.

However, the family are determined to fight this.

The family's lawyer Frances Farrell told BBC Radio Scotland: "It's difficult for me to comment without seeing the written decision but I think their position is going to be that the original application was not on time. That then deprives my client of her normal full rights of appeal to the immigration tribunal.

"If that is the case, if she has been deprived by the Home Office of her right to appeal, let me make it crystal clear that we will be fighting this all the way to the Court of Session in Edinburgh by judicial review."

Nokuthula had been given a visa under a scheme called Fresh Talent, which allowed her to study nursing at Stirling University and work afterwards.

The lawyer has denied Nokuthula has been claiming benefits she shouldn't have been entitled to, and insists the only problem with her visa application was that there had been a "slight error due to bank details".

As a dependant of her mother, Gamu is unable to apply for a visa of her own.

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