A Fijian man who served in the
British Army for 13 years is fighting to stay in the UK after being told he
must leave the country by 9 August. Isimeli Baleiwai served in Afghanistan and Iraq,
before leaving the Army in June. He is married to a UK national. But disciplinary action for a 2010 fight with a
colleague means he is considered to have a criminal record.
The Border Agency said applications for
settlement by ex-forces personnel were considered the same way as all others. "This involves consideration of a range of
factors including unspent convictions, whether passed by military courts or
resulting from police involvement," a spokesperson said in a statement. Lance Corporal Baleiwai - known as "Bale"
- was born in Fiji but told the BBC's Angus Crawford he now considered the UK
his home. He is married to Kim - a British national with whom he has two
children, aged three and six. The 32-year-old applied for British citizenship
in March 2012 because he planned to leave the Army. He left voluntarily on 15
June after 13 years' service.
Foreign and Commonwealth soldiers can apply for
Indefinite Leave to Remain after four years' service, and citizenship after
five. L/Cpl Baleiwai served in Bosnia, Northern Ireland,
Iraq twice and once in Afghanistan. In 2011, his commanding officer said his
performance was "of an exceptionally high standard". L/Cpl Baleiwai
was rated "an excellent junior NCO [non commissioned officer]" who
was "always leading from the front". "He is charismatic,
selfless and well-liked," the officer said. But on 28 June 2012, L/Cpl Baleiwai heard that he
had been refused citizenship and would also be refused Indefinite Leave to
Remain because he had what the UK Border Agency (UKBA) classed as a criminal
conviction so was not of "good character". On 12 July he was informed
by letter that he must leave the country by 9 August.
L/Cpl Baleiwai said he had returned from
Afghanistan "a mess", suffering from flashbacks and drinking heavily. "To me, there was nothing wrong - I was
normal. But now that we've had time to look back, everything was going wrong.
The drinking was getting out of hand; I was getting in a mess that I was
struggling to get out of." L/Cpl Baleiwai said that he then ended up
brawling with his colleague. Under changes in 2010 to the Rehabilitation of
Offenders Act 1974, disciplinary offences and crimes under military law
automatically carry over into civilian life. However, our correspondent said
many disciplinary offences in the military would not be offences in civilian
life and the military process lacked some of the checks and balances of
civilian courts.
L/Cpl Baleiwai said that his fight lasted less
than a minute and his colleague suffered a broken filling. He pleaded guilty at
the subsequent disciplinary hearing before his commanding officer and was fined
£1,000. He said he had been offered a solicitor but waived his right because he
just "wanted the case to go away". "To me as far as I understood it, that was
it - that was the end of it," he said. However, the incident is now
preventing him from staying with his family in Britain. L/Cpl Baleiwai said that soldiers coming back
from combat zones were likely to be emotionally damaged as a result of serving
Britain, and that the UKBA should make allowances when considering their
applications. "We're not going to be coming back of sound
mind and good character because of what we've been through - the trauma we've
been through," he said. "People who are making these rules, passing
those laws, they don't understand what that feels like."
L/Cpl Baleiwai and his wife have written to their
MP, the Home Office, Number 10, the Ministry of Defence, the Labour Party and
former head of the Army Lord Dannatt to try to get permission for him to stay.
So far, they have had no success. "I was proud to have served in the Army and
for that 13 years service I was seen as a British soldier but to the UK Border
Agency, as soon as that uniform comes off I'm no longer a British soldier, but
just a foreign Commonwealth person trying to reside in the UK," he said. "But at this point I had a British family, I
had a British wife - two kids that are British - and I'd been given this letter
saying that I wasn't good enough. I wasn't good enough to be a citizen of this
country and yet throughout those 13 years I've paid my taxes, I've served Queen
and country and I felt betrayed."
Mrs Baleiwai said that the support the couple had
received had reminded her of why she was "proud to be British" but
that what had happened to her husband made her "feel ashamed". "I want to fight this for my husband and my
family because I believe it's wrong - I've believe it's incompetent of the
government to make these decisions," she said. Veterans Aid chief executive Dr Hugh Milroy said
it seemed "completely incredible" that L/Cpl Baleiwai was being
barred from the UK because of his brawl. "This is so minuscule as an incident, but
the implications are massive," he said. "This should have been done
and dusted and gone."
Fiji is in an odd position, in that the President is elected by the Great Council of Chiefs, which continues to acknowledge the Queen as Paramount Chief, but the place keeps having coups due to the failure to get on and restore the monarchy overthrown by the first one. Faced with an Officer Corps like that, it is no wonder that Fijians prefer to serve in the British Army. Saint Peter's "Love God and Serve The Emperor", i.e., the monarch of the day, even remains the official motto of what is nominally a republic.
Serving and honourably discharged members of the Armed Forces must enjoy at least the same rights of entry, abode and work as are enjoyed by the most privileged category of non-British nationals, and they and their dependants must be classified as home students. Nothing less than the rights of entry, abode and work enjoyed by EU citizens must be extended to citizens of those states having the same monarch as the United Kingdom, or having the Judicial Committee of the Privy Council as the final Court of Appeal, or both.
Ed Miliband, Jon Cruddas and Maurice Glasman, over to you.
Fiji is in an odd position, in that the President is elected by the Great Council of Chiefs, which continues to acknowledge the Queen as Paramount Chief, but the place keeps having coups due to the failure to get on and restore the monarchy overthrown by the first one. Faced with an Officer Corps like that, it is no wonder that Fijians prefer to serve in the British Army. Saint Peter's "Love God and Serve The Emperor", i.e., the monarch of the day, even remains the official motto of what is nominally a republic.
Serving and honourably discharged members of the Armed Forces must enjoy at least the same rights of entry, abode and work as are enjoyed by the most privileged category of non-British nationals, and they and their dependants must be classified as home students. Nothing less than the rights of entry, abode and work enjoyed by EU citizens must be extended to citizens of those states having the same monarch as the United Kingdom, or having the Judicial Committee of the Privy Council as the final Court of Appeal, or both.
Ed Miliband, Jon Cruddas and Maurice Glasman, over to you.
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