Deportation Fight Leaves Family Facing Financial Ruin.

[anotheoldgit]

http://www.dailymail.co.uk/news/article-2267491/Ex-soldier-Bale-Baleiwai-sends-medals-Prince-Charles-deportation-fight-leaves-family-facing-financial-ruin.html

Here we have a loyal soldier of 13 years, who has served in Afghanistan, Iraq, Bosnia, and Northern Ireland, and just because he got into a fight with a fellow soldier which led to internal punishment and a criminal record, he was refused citizenship.

Yet how many times have we been unsuccessful in sending foreign criminals back from whence they came, even after they have been released from prison after having committed the most heinous crimes?

This couple should be granted compensation, to reimburse them for the money they have spent fighting their case.

[friedgreentomato]

Under law, all Commonwealth soldiers who have served in the military for at least five years can apply to the UK Border Agency for British citizenship.

The magic word here is apply!!

Why should compensation be paid - he has a criminal record bought on by himself.

[emmie]

seems decidedly unfair i must say, but what is new about that

[Zeuhl]

This case is a disgrace. The shambles that is UKBA didn't even follow their own guidelines:

/a letter dated 24 February 2012 addressed to the charity Veterans Aid, which states: "The UK Border Agency's guidance refers only to sentences imposed following a court martial. It is not intended to cover internal disciplinary proceedings considered outside of that process. We will amend that guidance to make that clear."/

[lcg]

loyal soldier....maybe; criminal.....definitely. why should he stay if he has a criminal record? and there are certainly lots of others who should be slung out of the country before him. a difficult one, i think, with perhaps more than his one transgression going on for a refusal for citizenship.

[Zeuhl]

/he has a criminal record bought on by himself. /

no he doesn't fgt

that is the whole point!

[emmie]

Mr Baleiwai, who served in Afghanistan, Iraq, Bosnia, Northern Ireland and alongside Prince Harry at Combermere Barracks in Windsor, decided to appeal the conviction last summer and it was quashed in November and citizenship was granted a month later.

[bednobs]

he has got a criminal record, according to the article. He wasn't deported

[friedgreentomato]

//A fight with a fellow soldier had led to an internal punishment and a criminal record which meant that his application for UK citizenship was refused//

//The pair never knew that the fight, which was dealt with by a commanding officer in the Army and not a law court, had led to a criminal conviction//

[emmie]

Perhaps Prince Charles if he has indeed received the medals, could intervene, and at least return them.

[friedgreentomato]

He does Zeul read the article!

[emmie]

it does say in the article that the conviction was quashed.

[friedgreentomato]

But only after he appealed.

[emmie]

so that means he doesn't have any criminal convictions. I still think it's absurd, let's hope that some common sense comes into play here. We seem to be quite happy to let bstards play the system, stay here at taxpayers expense, so maybe this bloke can get some help, recompense.

[joko]

it may seem unfair, and we all probably think it'd be fine if he was granted citizenship - i mean, its was just a fist fight, hardly criminal of the century ... but then again that depends on the circumstances - maybe it was a race issue, maybe he bottled someone, maybe it was not an isilated incident - we dont know ... however, you cannot cancel out wrongdoings by saying 'but i did something good as well'.

if that were the case, where would you draw the line at 'ok' crimes, and 'not ok' ones? many many criminals would get away with things if this was taken into account ... i mean look at how much good jimmy saville did for charity... does that cancel out his crimes?
no, it doesnt, not at all.

being a soldier does not entitle you to special treatment or break the law with impunity

he should not get compensation at all - he is guilty.

[Zeuhl]

OK

The Home Office guidelines are that a Court Martial conviction will equate to a 'Criminal Conviction' but not an offence settled less formally by a CO

This man was not Court Martialled

The 'criminal conviction' was 'quashed' because it was contrary to the guidelines ie a mistake!

[joko]

just to be clear, i think he probably should be granted citizenship, fist fights happen all the time, an dont make someone a menace.

[friedgreentomato]

OK so it was quashed but he can still only APPLY it does not guarantee him.

[emmie]

he won his fight to stay, but at huge financial cost, which i think is his main grievance.

[joko]

if the same thing happened to someone who wasnt a solider, and theyd just waved him through, people would be on here complaining that our government is crap and lets criminals in!

being a soldier does not make someone a good person - in fact ot makes them all the more dangerous - there are a lot of stories of soldiers committing terrible acts of violence, rape etc.

[sandyRoe]

His Human Rights to a family life will protect him. The EU can be useful sometimes