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17 juli 2012

Petition: Stop Bale being deported after 13 years serving British Armed Forces

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Stop Bale being deported after 13 years serving British Armed Forces

Petition published by isimeli Baleiwai on Jul 15, 2012
1974 Signatures 

Target: Government

Petition Background (Preamble):

Isimeli Baleiwai known as 'Bale' to his friends is facing deportation from the UK after serving 13 years with the British Armed Forces. Bale is a foreign and commonwealth soldier from Fiji who was recruited by the MOD when he was 18.

He has served in 5 operational tours including Northern Ireland, Bosnia, Iraq and Afghanistan. His wife Kim is British and they have two young children a boy of 3 and a girl of 6; both British. Bale voluntarily discharged from the Armed Forces on June 15th 2012 in order to provide stability for his family.
He applied for British Citizenship in March while still a serving soldier. This was advised to him by MOD personnel because he had served 13 years and had a British wife and children. This was refused on 28/07/2012 by UKBA, Bale sent an 'appeal for review' but recieved a letter from UKBA on 14/07/2012 stating he had until 9th August 2012 to leave the country.

Under changes made to the Rehabilitation of Offenders Act 1973 (ROA) in 2010 disciplinary offences dealt with at the Commanding Officer's discretion can now be equated to a criminal conviction.

Bale was fined in 2011 by his Commanding Officer for fighting with another soldier who instigated the fight. There was no police involvement, no trial, no defence and nor was it impartial. Bale did not know he was being charged with a criminal conviction. He believed this was an 'in-house' disciplinary offence only. He has no criminal record, this offence is only on his military record. There was no court martial. He has now appealed the conviction.

Under the changes made to ROA in 2010 Bale is now defined as a criminal by the Home Office and of not good character to become a British citizen or apply for indefinite leave to remain.

This is devastating for him and his family. It is a breach of Article 6 of the Human Rights Act (1998) and Armed Forces Covenant (2011). It is also inherently racist because the changes made will have no impact on his British Armed Forces colleagues because these military offences are not held on a criminal record. This change only has implications to immigration Law and Policy. The family believe the law and policy is discriminative.

Please show your support for Bale and his family, their lives are in turmoil. Bale has been told he has until the 9th August 2012 to leave the Country.

The Home Office has been using this 'Law' to deport Foreign and Commonwealth soldiers who have been medically discharged as well. This is a disgrace and immoral!


We, the undersigned, call on the British Government to grant British Citizenship to Isimeli Baleiwai after 13 years military service with the British Armed Forces.

We, the undersigned, call on the British Government to review immigration Law and Policy regarding Foreign and Commonwealth Soldiers.

Het lijkt er op dat men bij onze overburen dit soort dingen vaker doet:

Will the Government come to the defence of an Iraq war hero?

Fijian soldier Epeli Uluilakeba, wounded in the same blast that killed Pte Phillip Hewett, now faces deportation, says Christopher Booker

Epeli Uluilakeba with his Snatch Land Rover crew in Iraq in 2005
Fijian soldier Epeli Uluilakeba, front right, with his Snatch crew in Iraq in 2005. The photograph was taken by Pte Phillip Hewett 
If our Defence Secretary, Liam Fox, is as keen as he claims to be on rebuilding the “Military Covenant”, whereby the British people show proper care for all those members of the Armed Forces who are prepared to put their health and lives at risk on our behalf, he might begin by addressing himself to the plight of Epeli Uluilakeba, a 28-year-old Fijian, known to his friends and comrades as Pex.
Two years ago I wrote here, more than once, about Private Phillip Hewett, who died in Iraq in 2005 along with two other soldiers when the wholly inadequate Snatch Land Rover in which they were patrolling was blown up by an improvised explosive device (IED). His mother, Sue Smith, decided to sue the Ministry of Defence, to expose its negligence in sending soldiers out in these hopelessly unprotected vehicles. When she was denied legal help to do so, our readers contributed more than £7,000 to get her case under way (it is still continuing).
Along with Pte Hewett in that Land Rover was Pex, Pte Uluilakeba, who had been serving in the Army for just a year. Despite being seriously injured when the blast tore their vehicle apart, he sought to give first aid to one of his dying comrades, who lay beside the corpse of their patrol leader.
From this bloody chaos, Pex emerged with severe psychological trauma. But he was what his commanding officer described as “a dedicated, enthusiastic and very capable field soldier, whose team spirit and loyalty is first-class”. Within a year he was deemed fit to be sent back to Iraq, where he endured the terrifying siege of Basra Palace. When he returned once more to England he was diagnosed as suffering from post-traumatic stress disorder – for which he received no treatment.
Still deeply disturbed by his experiences, he took to heavy drinking. In the small hours of one morning, when an over-zealous corporal was shouting to evacuate the barracks for a fire-drill, Pex drew a knife on him. For this, he was court martialled in 2009. After a short spell in Colchester prison, the Army discharged him as “no longer being of service”.
A devout Christian, Pex pulled himself together, became a teetotaller, and set about training to qualify as a plumber. But, being a Fijian citizen, he was not allowed to work, claim benefits or even sign on with a GP. (He still has to pull bits of shrapnel out of his own legs, because he has no doctor.)
Supported by members of the Fijian community, with whom he has been living, Pex last year applied for permission to remain permanently in Britain. Last month his application was refused by the UK Border Agency, on the grounds that he had been court martialled. He was told that if he did not leave the country by February 7 he would be deported.
Such is the bizarre state of our immigration laws that, thanks to European legislation, we cannot deport a citizen of an EU country, even a rapist or murderer. Meanwhile, judges prevent the deportation of an Iraqi asylum seeker who knocked down a 12-year-old girl and caused her to “die like a dog” as she was dragged along by his car. But a man who has sustained permanent injury in the field in the defence of Britain cannot be allowed to live in our country, although his only wish is to stay peaceably and to work for his living.
Fortunately, Pex has good friends, including Sue Smith and Elaine Laga, a widow who also lost a soldier son, in a Land Rover accident in Germany. She has paid £500 from her meagre savings to enable Pex to apply to the Home Office to re-examine his application to stay in Britain – which is why he is still here, despite the deportation deadline having passed.
As Mrs Smith says: “I cannot believe this country has allowed rapists, child molesters and terrorists to stay here, yet a man who is quite willing to give his life for Queen and country is being booted out.” Mrs Laga adds: “When you consider who we let into this country and provide for, it is a shame that we cannot look after a war veteran and a hero, a man who would be getting on with his life if allowed to.”
If Dr Fox really is commited to the “Military Covenant” that he wants us all to honour, he could prove it by ordering a review of the case of Pex, Mr Epeli Uluilakeba, as a top priority.
- Several contributors to the comments below have asked how they might contribute to a fighting fund for Pex. Cheques made out to Elaine Laga can be sent on via Christopher Booker (Pex), Sunday Telegraph, 111 Buckingham Palace Road, London SW1W 0DT. This will ensure that the money reaches Pex, who is not allowed to open a UK bank account. 


Zo te zien won hij later zijn zaak:

Volgens:   @Obd21: The petition is for Bale. He served with comrades of mine from Afghan. The link is for someone else; not on this petition. 

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