Former defence secretary Dr Liam Fox has told Channel 4 News that Home Office rules which are leaving foreign and commonwealth soldiers facing deportation are ‘a breach of the military covenant’.

During the summer Channel 4 News revealed that former foreign and commonwealth soldier, Fijian, Lance Corporal Isimeli “Bale” Baleiwai, had been refused British citizenship after voluntarily leaving the army.

Under current rules foreign and commonwealth troops can claim British citizenship after four years of military service. But a new law, which appears to be increasingly used against foreign soldiers who have been disciplined at commanding officer level, is leaving them without basic rights or status.

Those who’ve been serving the armed forces have been risking their own safety for the security of the United Kingdom, should be given extra points and should be at the top of the list.

Bale Baleiwai had been disciplined by his commanding officer for being involved in a fight with another soldier. His military offence equated to a criminal conviction in civilian life. This prevented him from securing British citizenship and because he was classed as an “illegal” he became subject to deportation.

Speaking to Channel 4 News, former defence secretary Dr Liam Fox said: “I think apply a test a fairness here. Do most people in Britain think it’s fair that somebody who has put life and limb at risk for Britain’s national security is denied the right to stay in the United Kingdom when many others would be allowed to do so, then I think yes, most people would say this is a breach.”

He called on the “whole of government” to look and change the current legislation and said the Home Office should take the lead.

He said: “There have been these cases for a long time. They primarily lie with the Home Office, but I think we have to accept we have a responsibility across the whole of government.

“Those who’ve been serving the armed forces have been risking their own safety for the security of the United Kingdom, should be given extra points and should be at the top of the list. I think that’s what most British people would think.”

The shadow defence secretary Jim Murphy agrees with his former counterpart. He said: “I think these terrible cases that Channel 4 News has reported and reflected on should bring up a wider issue: how do we properly respect the service over all of those years of those who’ve come from the commonwealth and beyond, who served in her majesty’s armed forces?

“This may be an opportunity to reflect whether we’ve got the balance right.”

A Home Office spokesman told Channel 4 News: “We recognise the sacrifices made by our armed Forces. Foreign and commonwealth military personnel who have served for more than four years can apply for settlement up to two years after leaving the military.

“We are reviewing the criteria for granting settlement rights including how criminal convictions and sentences imposed under military law affect immigration and nationality decisions.”

The former armed forces minister, Liberal Democrat Nick Harvey said that any review of legislation needs to be done now.

He said: “I do think that any such review has to be pretty urgent and swiftly concluded if people are not going to lose out in the meantime, and regrettably with these rounds of redundancies, of which there are more to come, we may see a situation where there’s an increasing number of people involved here.”

Last month, the former head of the British Army General Lord Richard Dannatt told Channel 4 News he would be happy to help the Home Office deal with the legislative problem.

Previously another former head of the army, General Sir Mike Jackson, told Channel 4 News he thought the foreign and commonwealth soldiers were being dealt with “harshly” and said their service should be counted as “a big plus” when British citizenship is decided.

There are currently 8,505 foreign and commonwealth soldiers serving in the British forces, not including the 3,880 gurkhas who previously won the right to residency.

There could be as many as 100 such cases like Mr Baleiwai’s, according to the charity which has supported F&C troops, Veterans Aid. In one extreme case, a serving soldier told Channel 4 News he could face prison if he is deported back to his homeland.

Earlier this month, Channel 4 News obtained an internal Ministry of Defence briefing document on discipline policy which was distributed widely to army commanders following a report by the programme.

It revealed the army had been wrongly advising F&C soldiers over their disciplinaries and British commanders were unaware of the serious implications that follow summary hearing findings against F&C soldiers.

Furthermore, the UK Border Agency had been ignoring its own guidance on dealing with the troops’ immigration status. Bale Baleiwai has been given discretionary leave to remain for six months while he awaits a military appeal hearing in November with a full jury. He has recently started a new, but temporary job.

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• Deported for a speeding offence

A soldier who lives in Leeds faces deportation and jail because of a speeding fine.

Sapper Poloki Hiri, 32, from Botswana, has served in the British Army for four years, but is now being denied citizenship in the UK because the UK Border Agency say a speeding offence he picked up in April 2011 is a sign of ‘bad character’.

Two films and full reports here

Poloki Hiri said: “For me, to have enlisted in the British Army, willing to put my life on the line for the country…at the end of it all, because of a speeding fine, to be considered a criminal and not wanted here, it’s really made me very angry.”

If Sapper Hiri does end up being deported and sent back to Botswana, he faces arrest, prosecution and up to 25 years in jail.

Dr Hugh Milroy, CEO of Veterans Aid, says the UK Border Agency are treating people as if they are disposable.

Veterans Aid has dealt with 70 former Commonwealth soldiers who face being thrown out of Britain since January.

Fiji Broadcasting Company

Most Fijians serving in the British Army are facing problems with their Leave to Remain applications.

Veteran’s Aid – a UK Charity Group that looks after veterans in crisis says Fijians top the list of Foreign and Commonwealth soldiers that are facing problems staying in the UK.

CEO Dr Hugh Milroy says since the case of Lance Corporal Isimeli Baleiwai came to light – a lot of Fijians are coming forward with their cases.
“We found a Fijian family in hiding. They are frightened to come forward. They are frightened to use a doctor because they’ve got all sorts of problems with leave to remain as a family….and we have found families where both partners serve and one partner is refused a visa. So effectively that could mean the family is split.”

Dr Milroy says this is costing the families a lot – as some have to wait between eighteen months to two years to get their cases heard.

“We know that there is a humanitarian cost to all of this. We will still be fighting to support this Fijian families- coz this will cost them dearly…financially, emotional psychologically – so we intend to continues to support the families…that have suffered because of this.”
He adds – the organization will continue to fight for these cases.

“Fijians soldiers come here – we recruited them …they came here legally …and we seem to be just viewing them because of the Boarder Agency as disposable items.”

Over 2,000 Fijians are serving in the British Army.

http://www.fbc.com.fj/fiji/4374/fijians-top-trouble-list

Growing numbers of Foreign & Commonwealth service personnel are being denied citizenship or leave to remain in the UK – despite years of honourable service.

This film highlights two cases where the discretion that should have been exercised in their favour, was not.

Since the charity Veterans Aid went public with the number of cases it was dealing with there has been public outcry.

It has dealt with 70 since January and more are coming to its attention every week.

Fiji-born L/Cpl Isimeli Baleiwai, who has five medals, 13 years service and operational tours of Iraq and Afghanistan behind him is still fighting to avoid deportation.

Sapper Poloko Hiri faces deportation to Botswana (where he will be jailed for joining the British Army) – for a speeding offence.

Today the Daily Mail reveals how Poloko Hiri, a Commonwealth citizen with an ‘exemplary’ record in the British Army, is being ordered out of the UK for committing a single speeding offence.

Only Britain’s scandalously incompetent immigration system would hound a man with a proud record of service to this country while allowing foreign rapists and killers who should have been deported years ago to walk the streets with impunity.

Full story here and here

Veterans Aid chief executive Dr Hugh Milroy, who has been helping fight Sapper Hiri’s case, said:

‘We recruited Poloko and now we are treating him as if he is illegal.

‘It springs to my mind these people appear disposable, almost like slavery, and no-one seems to care.’

Since January, Veterans Aid has dealt with 70 former Commonwealth soldiers who face being thrown out of Britain.

It has been dealing with their diverse citizenship and leave to remain problems generally for the last five years.

Working with TTV (http://www.ttvpictures.co.uk/),  the charity has commissioned a short video report on the subject that will be available soon.

A documentary on the Military Covenant and its application to Foreign & Commonwealth service personnel is planned.

Three weeks ago Balewai was informed that he can remain in the UK until December 29th, but has no right to work, access benefits and healthcare.

Veteran’s Aid – the charity group fighting for Baleiwai to remain in the UK has welcomed the move.

However – CEO Dr Hugh Milroy says the bigger matter – which is the granting of the citizenship – remains to be known.

“Justice delayed is justice denied. So – even still waiting for the final letter.. I think it is an outrageous situation that they are being denied justice…but its clear that the Home Office and the UK Border Agency are moving.”

Baleiwai was initially denied UK citizenship and told to leave the UK on August 9th – due to a disciplinary offence while he was serving in the British Army.

Dr Milroy is optimistic of a good outcome in Baleiwai’s case.

“It’s quite a difficult situation but still I think for the Baleiwai family – I think it will work.”

Close to 27,000 have signed the online petition to stop Baleiwai from being deported.

http://www.fbc.com.fj/fiji/4205/baleiwai-given-right-to-work

BFBS reports that the charity Veterans Aid has warned that the government appears to be breaching its own armed forces covenant by refusing benefit payments to some Foreign and Commonwealth veterans.

Some who've been told they don't have the right to stay in the UK, have spent months with no income and no right to work, during the lengthy appeals process.

That's despite the covenant saying “Members of the Armed Forces Community should have the same access to benefits as any UK citizen”.

The Ministry of Defence has said it’s working with the Home Office on settlement arrangements as part of its covenant commitment.

Whilst refusing an interview, the Home Office said “Applications for citizenship from former members of our armed forces are considered in the same way as any other citizenship application, taking account of a range of factors, including unspent convictions.

“We are reviewing all migration routes including how criminal convictions affect immigration and nationality decisions. Those with convictions should not generally be granted settlement or citizenship, but military offences with no civilian equivalent should not generally prevent a successful application.”

The MoD also refused to be interviewed, but said

“As part of a Covenant commitment we are working with the Home Office/UKBA on settlement arrangements for non-British personnel serving in the British military. This is part of our ongoing commitment to rebuilding the Armed Forces Covenant, the principles of which are now enshrined in law. We have made great progress over the last year with practical improvements to service life and the services available to our veterans. Our work with the Home office is yet another example of how the government is working to recognise those who have served in the Armed Forces.”

The Daily Telegraph has a series of letters discussing the threatened deportation of Lance Corporal Bale and what has been described as his “shameful treatment” by the the UK Border Agency.

You can see the correspondence here.

In an exclusive report on C4 news, it was revealed that the UKBA’s own internal guidance is that Foreign & Commonwealth soldiers disciplined by the army without court martial, should not be considered for deportation.

“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”.

Bale Baleiwai told this programme: “I’d like to ask the immigration minister even he even knows his own policies and how they are being carried out. It seems like they don’t even know what their policy is and their laws. They just take chunks that work and apply it. If it seems relevant, they just pick and choose which law and policy they use.”

Wife Kim Baleiwai added: “I thought the letter was in our favour when we put the appeal together. We thought it meant our case should have been shown discretion and that Bale’s military offence wouldn’t be equated to a criminal conviction. That’s why we’re still shocked they are standing by this decision that it’s a criminal offence.

“If the Home Office isn’t sure of its own policy how are we supposed to know what it is? There was no court, there was no police, so even the statement they keep putting out makes no sense.”

‘Bale’ has been given limited leave to remain until his case had been revisited – in the interim he remains unable to work, access benefits or receive NHS medical treatment.

Veterans Aid and the Baleiwai family would like to thank everyone who has expressed support for them, or made donations to the charity to continue its work in this area.

Veterans Aid has sourced the services of a specialist immigration solicitor and barrister and will continue to support the family in whatever way it can.

As a consequence of the publicity given to the Baleiwai’s situation, Veterans Aid has received calls, emails and visits from many serving and former service personnel who are now aware that they too face (or may face) similar difficulties.

Most are too fearful to speak out.

While the charity is keen to see justice for Baleiwai family, it is increasingly aware that resolution of their case will not resolve the range of anomalous issues uniquely affecting Foreign and Commonwealth service personal and veterans.

More than 7,000 foreign and Commonwealth soldiers serve in the Army, with at least 45 being killed on active service since 2003.

A British military veterans assistance organisation is urging Fijians to write to the British prime minister, David Cameron, after a Fijian soldier was denied UK citizenship.

Lance-corporal Isimeli Baleiwai em-bar-lay has been given three weeks to leave Britain.

This is despite serving 13 years in the British Army, including active tours in Iraq and Afghanistan.

The UK Border Agency refused his application on character grounds because he got into a fight with another soldier, and consequently has an assault conviction.

Hugh Milroy, from soldiers charity, Veterans Aid, says kicking the Fijian out of Britain is unfair.

He told Radio Australia the case has caused mass outrage in Britain.

“It’s an outrageous situation and I have to tell you I’ve met this guy and his wife, they are a lovely couple.

This is an iniquitous situation they find themselves in,” he said.

“David Cameron has been in Afghanistan talking to troops and the same troops, which will include Fijians, are assisting the Olympics security team.

“They’re throwing this man out. He’s an excellent young man, Fiji should be proud of young men like him,” said Mr Milroy.

Original Article

Link to Petition

All Fijians who have relatives serving in the British Army are urged to help put the pressure on the British government to look into the plight of Lance Corporal Isimeli Baleiwai.

Veteran Aid – a charity organisation in the UK that has taken up Baleiwai’s case says they are trying to get all the political, media and celebrity support they can.

CEO Dr Hugh Milroy told FBC News – they have taken up Baleiwai’s case to the highest level they know in the UK and are now awaiting a decision from the UK Border Agency.

Dr Milroy says there are serious issues involved when a soldier’s citizenship application is rejected.

“I have to tell you that it is really vital for all you listeners to put the pressure on the British government – the Prime Minster in particular via email to keep this pressure up. We must keep the pressure up. There are other hidden things here that people don’t realise for example – if you are going through the process and you have been refused – you have no access to benefits and you have no right to work.”

FBC News understands Baleiwai has engaged a specialist immigration barrister to take up his case with the UKBA.

Baleiwai’s application for UK citizenship was refused by the UKBA – after serving in the British Army for 13 years.

He is now appealing that decision.

Original Article

Link to Petition

“He fought for this country, now fight for him to stay”

Reading Chronicle News Editor Maurice O’Brien explained this week why he made a donation to Veterans Aid – and why he thinks that

“if our spineless rulers want a haven for murderers and rapists rather than a land fit for heroes then they’re right on target”.

THIS week I made a donation to a charity called Veterans Aid. I anticipate making further donations, not just because of Veterans Aid’s work with military veterans who are homeless or in crisis but because right now it represents the only hope for Isimeli ‘Bale’ Baleiwa and his family.

Bale is from Fiji, from where the British Army recruited him when he was 18. He served five operational tours, in Northern Ireland, Bosnia, twice in Iraq and, inevitably, Afghanistan, earning four medals during spells with the Royal Scottish Regiment, the Royal Electrical and Mechanical Engineers and secondment to the Household Cavalry.

On June 15 last, the 32-year-old ex-lance corporal was voluntarily discharged from the Army to give peace of mind to his British wife Kim and their daughter and son, aged three and six. On June 28 his application for British citizenship made in March was turned down and on July 14 the UK Border Agency informed him that two weeks today he’ll be deported.

This, mind you, is the same diligent UK Border Agency that’s allowed its backlog of 276,000 cases, ranging from asylum seekers and illegal immigrants to thieves, thugs, perverts and terrorists to wander the streets untroubled. Bale’s only ‘crime’ was a scrap with a fellow soldier after which he accepted what he thought was simply a ticking off from his CO. His CO thought likewise but some tweaking of the Rehabilitation of Offenders Act regarding immigration law and policy means that, if someone wants to, such a misdemeanour can now be equated to a criminal conviction.

That makes him a criminal in the eyes of the oft-dubbed ‘not fit for purpose’ Home Office and who cares if it breaches Article 6 of the Human Rights Act (1998) and the Armed Forces Covenant (2011), Bale won’t need to queue for passport control when he’s dumped on that Pacific-bound plane.

Unfortunately Bale’s not the first, nor probably the last, Commonwealth member of the Armed Forces to suffer this fate. If our spineless rulers want a haven for murderers and rapists rather than a land fit for heroes then they’re right on target.

Add your signature and tell them they’re wrong, at www.gopetition.com/petitions/stop-bale-being-deported-after-13-years-serving-british.html

http://www.readingchronicle.co.uk/opinion/comment/articles/2012/07/28/61315-he-fought-for-this-country-now-fight-for-him-to-stay/

UKIP leader Nigel Farage has spoken out against the poor treatment of Commonwealth servicemen and called for an immigration rule change following news of the moves to deport a Fijian-born war hero.

http://www.veterans-aid.net/UKIP

Details of the online petition are here.

STATEMENT BY MILITARY LAWYER CHRISTOPHER HILL – 26 JULY 2012

“I am pleased to confirm that today at the hearing a the Colchester Court Martial Centre, the Judge Advocate General granted Bale Baleiwai leave to appeal against his conviction out of time.

It is this conviction that the UKBA are using to refuse his application for naturalisation.

This was a conviction recorded by his Commanding Officer in April 2011 after an internal hearing.

The judge has ordered that this matter can now be re-heard  in a proper court of law with witnesses called.

The case will be listed in the near future for a full hearing at which we hope Bale will be able to establish his innocence.

A Fijian who served in the British Army for 13 years has been told he cannot settle in the UK and must leave the country by 9 August.

Lance Corporal Isimeli Baleiwai, who is married to a British woman and has two British children, applied for British citizenship in March this year as he was leaving the Army in June.

Foreign and Commonwealth soldiers can apply for Indefinite Leave to Remain after four years service and citizenship after five years service.

But the UK Borders Agency rejected his application as the 32-year-old had faced disciplinary action for fighting with a colleague in 2010.

LCpl Baleiwai was assessed to have a criminal record as a result of the ten-minute military hearing, even though he did not ask for legal advice, did not see the evidence and was not aware that five of his colleagues were prepared to testify that he had acted in self-defence.

The former soldier has served five operational tours, including to Afghanistan and Iraq, and was able to provide a character testimony from his CO who described him as ‘a natural leader, trusted and thought very highly of’ but refusal was automatic due to his disciplinary history.

LCpl Baleiwai and his family are fighting the decision with the help of the charity Veteran’s Aid.

Tuesday, 24th July.

Three days after Fijian-born L/Cpl Isimeli ( ‘Bale’)  Baleawai’s story hit the streets – the letters, cheques and phone calls keep on coming. Kim, Bale and their two children are just one of the many families  being helped by Veterans Aid  because of Citizenship and Leave to Remain issues. In Bale’s case the threat of deportation is imminent. There is public outrage that this decorated soldier – with 13-years service and five operational tours  behind him – is considered unworthy of  citizenship  because of a summary offence committed after 12 years service.

The campaign launched by The Sunday Telegraph has led many more people to our website – appeals from serving soldiers as well as veterans. Like the 100+ whom we have already helped, and the live cases we are currently dealing with, they reveal anomalies, stories of conflicting advice, human misery and fear. Veterans Aid has secured legal help for the Baleawai’s and will continue to do all it can for those cut off from the right to work, claim benefits or register with a GP.