Fijian man Isimeli Baleiwai at home with his two children, aged three and six.
Who has served in the British Army for 13 years and is fighting to stay in the
UK after being told he must leave the country by 9 August.
The Home Office allowed 250 foreign criminals who should have been deported at the end of their prison sentences to stay in Britain without their cases being considered by a court, it has been reported.
At least one terrorist, up to eight killers and rapists, 20 robbers and eight paedophiles were given permission to stay last year without a judge deciding their fate, according to The Sunday Telegraph.
Instead, the Home Office accepted that deporting them would be a breach or their human rights, the newspaper said.
Freedom of Information Act requests it made also revealed a dramatic increase in such cases - from 56 in 2008, 80 the following year, 217 in 2010 and 250 last year.
Home Secretary Theresa May last year announced a crackdown on use of the "right to a family life" defence to avoid deportation.
A UK Border Agency spokesman said: "There is no point in wasting taxpayers' money contesting cases where we were advised we would lose.
"We examined each claim individually but case law based on the old rules meant the courts were highly likely to uphold them.
"That's why we changed the rules last month to help us remove criminals who try to use Article 8 to dodge deportation.
"As a result, we believe we will see fewer cases where the Government is likely to lose and therefore fewer uncontested hearings."
Chris Bryant, the Labour shadow immigration minister, told The Sunday Telegraph: "Theresa May has been trying to blame the Human Rights Act for not being able to deport foreign national offenders, but it's becoming clearer every day that the real problem is her inability to get a grip of her department."
BUT ON THE OTHER HAND -
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 28/06/2012 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 an amendment in April last year to the Rehabilitation of Offenders Act 1974, it states: "... any finding that a person is guilty of an offence in respect of any act or omission which was the subject of service disciplinary proceedings shall be treated as a conviction and any punishment awarded... in respect of any such finding shall be treated as a sentence."
In September the UK Border Agency published its 'Criminality requirement for settlement' guidance. It states: "From 6 April 2011 a person who applies for settlement must show that they do not have any unspent convictions (as defined by the Rehabilitation of Offenders Act 1974)."
These changes mean that Foreign and Commonwealth soldiers, who receive a military summary punishment from their commanding officer for even minor non-criminal offences, will be given a criminal conviction in civilian life. As a result they will be mandatorily refused British citizenship upon discharge from the Army.
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, 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!
STOP THIS TRAVESTY FROM HAPPENING!
Join the Facebook Campaign to Get the Law Changed - Campaign to Change the ROA 1974 Which Discriminates Against F&C Soldiers
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