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Stop Bale being deported after 13 years serving British Armed Forces
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!
Petition:
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
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.
Bron:
http://www.telegraph.co.uk/comment/columnists/christopherbooker/8320557/Will-the-Government-come-to-the-defence-of-an-Iraq-war-hero.html
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