Petition Background (Preamble)
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 defense 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 offense only. He has no criminal record, this offense 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 offenses 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!
Last 10 minutes of show
For further links go to Facebook page Bale Baleiwai http://www.facebook.com/bale.baleiwai?ref=tn_tnmn#!/bale.baleiwai?sk=wall
Twitter campaign @letbaleiwaistay
The family are humbled by offers of donations, however Veterans Aid are advocating for our family and others like us. If you would like to donate please donate to them at http://www.veterans-aid.net/
On 26th July Bale won the right to appeal his military offense ‘out of time’ because it was not in accordance with Article 6. UKBA still do not accept that this means it can not equate to a criminal offense. They granted Bale discretionary leave to remain on 30th July. They have stated they will not make a decision on his deportation until the military offense is heard in a court of law. This is not a retrial as there was not one in the first place, this is being treated as a new case. Bale currently can stay but with no rights (work, doctor, benefits) he has a job offer but is unable to take it. Veteran’s Aid and his wife will now be supporting the family. Bale feels his service has been dishonored and UKBA are trying to make his family destitute.
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.