Stop Bale being deported after 13 years serving British Armed Forces

#1
I just wanted this to reach a wider audience. I have met this soldier and his family and they are good people who have been dealt a bad hand. At the time he was LAD att HCR.
It seems if you have been on CO's orders for being naughty it can now be equated to a criminal conviction.

Please read the quoted details below and if you feel he has had a rum deal, sign the petition.

Sign here

Petition Background (Preamble):

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.

Under changes made to the Rehabilitation of Offenders Act 1973(ROA) in 2010 disciplinary offences dealt with at the Commanding Officer's discretion can now be equated to a criminal conviction.
Bale was fined in 2011 by his Commanding Officer for fighting with another soldier who instigated the fight. There was no police involvement, no trail, 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 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 offences are not held on a criminal record. This change only has implications to immigration Law and Policy.

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!!!!
Thanks
 
#3
I think the original OP's point was that he was charged under the military system by his commanding officer, thus a military affair and not a criminal offence per se as no civilian proceedings were brought against him, he was involved, so no need to take it to court marshall. Fine from the old man taken on the chin, end of story.

However under these new rules, it is now disclosed as an offence, thus making him a criminal in certain eyes.

I read about this recently under the disclosure rules, something i need for my job and thought i had read it wrong, it seems not.

so the question is why if no criminal proceedings are bought, under civilian law, then why is this included as a criminal offence?
 
#4
What is "inherently racist" about this? Why bring racism into something that is clearly not? Playing the race card will lose support and has definatly lost any support that I may have had for this.

Sorry, (well not sorry) not signed due the race card being played.
 
#5
I just wanted this to reach a wider audience. I have met this soldier and his family and they are good people who have been dealt a bad hand. At the time he was LAD att HCR.
It seems if you have been on CO's orders for being naughty it can now be equated to a criminal conviction.

Please read the quoted details below and if you feel he has had a rum deal, sign the petition.

Sign here



Thanks
Will sign the petition by all means.

What else is being done to help him and his family?

Can he appeal against CO's findings on the grounds that he was not aware that this finding would have these consequences?

PS CO's orders have always meant a conviction as A CO is classified as a "magistrate" under some act or other. A lot of ex army lads have to declare ND's when they apply to join the screws or the coppers.
 
#6
What is "inherently racist" about this? Why bring racism into something that is clearly not? Playing the race card will lose support and has definatly lost any support that I may have had for this.

Sorry, (well not sorry) not signed due the race card being played.
'ooooh he's lost my support....oooh me me everybody look at me'

Get over yourself plankton-head.

Admittedly they could have used a better approach but the bloke's done 13 years and 5 operational tours more than other ******* immigrant low-lifes who get to stay and fleece the UK taxpayer.

He's just an easy target for some bureaucratic ****** with a quota to fill.
 
#7
To quote Al Murray "Rules is rules, without them where would we be? Thats right, France!"
If the original charge is now classed as a civil offence, then can he not appeal against the CO's decision in retrospect, because the guy was denied legal representation in his defence?
 
#8
'ooooh he's lost my support....oooh me me everybody look at me'

Get over yourself plankton-head.

Admittedly they could have used a better approach but the bloke's done 13 years and 5 operational tours more than other ******* immigrant low-lifes who get to stay and fleece the UK taxpayer.

He's just an easy target for some bureaucratic ****** with a quota to fill.
Take your head for a wobble. The guy is asking for support here (whether it is the actual bloke or not), and I responded saying I won't give that support due to the race card being played. How is that "me me everybody look at me"? Did you ever leave the playground?
 
#9
Take your head for a wobble. The guy is asking for support here (whether it is the actual bloke or not), and I responded saying I won't give that support due to the race card being played. How is that "me me everybody look at me"? Did you ever leave the playground?
So Ex Tom (commonwealth soldier), has a bit of a fight.....who hasnt = deportation

Refugee Lightbulb head rapes a 12 year old = a "welcome to stay" in the UK

Someting seriously wrong with the system!!
 
D

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#10
So in 13 years of residence in the Uk he never did the whole passport thing? I thought it was 5 years to qualify or am I mistaken?
 
#11
So Ex Tom (commonwealth soldier), has a bit of a fight.....who hasnt = deportation

Refugee Lightbulb head rapes a 12 year old = a "welcome to stay" in the UK

Someting seriously wrong with the system!!
Indeed there is, and there are other such cases where criminals have been or will be allowed to stay in the country after they are released from prison because of so called human rghts, such as the one who murdered a headmaster. However, using the race card is no way to go about fighting to stay.
 

Bouillabaisse

LE
Book Reviewer
#12
There is definitely something fishy about this story. Firstly, he's qualified for british citizenship by now and secondly there are enough precedents for the "right to a family life" defence for a reasonable lawyer to win a right to remain. So why the petition and not a law suit?
 
#13
Things must have changed a bit since I was in. So based on what I knew back then unless it was a major fight this should have been covered at Company/Squadron/Battery level and entered on their AFB 121 which normally is cleared after a specific time. If it goes to CO any award goes on the soldier's AFB 120 which never dies. Although anything spent gets a line through it and marked so. Did he choose CO Orders over OC?

When was the fight? If it was spent under RoA why did he have to declare it?

I work with many nationalities and it is normally the wasters who play the race card. The OP says this guy is OK so why hasn't he been pointed at a No Win No Fee Human Rights lawyer? Where's his MP on all this? It sounds like he has a solid case unless there is far more to this situation than has been let on. Try the petition once all avenues have been exhausted without playing the race card and I'll sign it.
 
#14
Indeed there is, and there are other such cases where criminals have been or will be allowed to stay in the country after they are released from prison because of so called human rghts, such as the one who murdered a headmaster
I'd say your comparisons are somewhat indicative of your grasp on reality.

using the race card is no way to go about fighting to stay.
Whether his judgement is questionable or not, if I were in his shoes I'd be trying everything I could as well, so would you.

Yet another bloke who has done infinitely more for his country than those who are ******* him over.
 
#15
I'd say your comparisons are somewhat indicative of your grasp on reality.
I think it is you who has the problem with reality. Get a grip, stop being hysterical and actually read before commenting. If you do, you will see that at no point I made a comparison between this chap and the person who murdered a headmaster. In fact you will note that I agree with sebcoe in the fact that there is something drastically wrong with thee system, so wind your neck in.


Whether his judgement is questionable or not, if I were in his shoes I'd be trying everything I could as well, so would you.

Yet another bloke who has done infinitely more for his country than those who are ******* him over.
Would I? Who are you to judge what I would or would not do? Do not ever presume I or anyone else would do something just because you would. I would not play the race card, a) because it is clearly wrong an b) it would lead to a lot of other issues.
 
#16
This change of the law is a bugger for everyone not just Commonwealth soldiers trying to settle in the UK. A charge I got in 1991 came up on my police check from the ACPO that I needed for a permit down here in NZ. None of the civvy charges I'd been done with in my youth came up just the Military stuff. So, I dont think there's a rehabilitation act controlling the military charges....... Beware, if you've ever been charged in the military it will come up in immigration checks if you're thinking of heading off to OZ/NZ/Canada etc.
 
#17
This change of the law is a bugger for everyone not just Commonwealth soldiers trying to settle in the UK. A charge I got in 1991 came up on my police check from the ACPO that I needed for a permit down here in NZ. None of the civvy charges I'd been done with in my youth came up just the Military stuff. So, I dont think there's a rehabilitation act controlling the military charges....... Beware, if you've ever been charged in the military it will come up in immigration checks if you're thinking of heading off to OZ/NZ/Canada etc.

When you say "if you have ever been charged..." (and presumabley you mean also found guilty) does that apply to OC's and CO's orders?

If so it is strange to think that immingration authorities as you mention have access to that information and might act on it when you think that OCs orders were often for matters such as Private Bloggs being a few minutes late on parade, sidies too long etc.
 
#18
you will see that at no point I made a comparison between this chap and the person who murdered a headmaster
I never said you did. I was referring to your comparison with criminals.

I'm going to stop judging you now, stop presuming, get a grip, read before commenting, wind my neck in etc, because as you say, I'm clearly the hysterical one.
 
D

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#19
There is definitely something fishy about this story. Firstly, he's qualified for british citizenship by now and secondly there are enough precedents for the "right to a family life" defence for a reasonable lawyer to win a right to remain. So why the petition and not a law suit?
I'm betting that somewhere, somehow filthy lucre, vile pelth is involved.
 
#20
I know Bale personally, he's an absolutely cracking lad, professional soldier, very capable tradesman and an all round good egg. He deployed with B Sqn HCR as part of the BRF on H11 and is very well regarded amongst all who know him.

I was also at Castlemartin Ranges when the "offence" occurred, at the time I couldn't believe he was put in front of the CO for it and think it was down to the broken jaw which the other soldier sustained. An injury which subsequently prevented him from deploying on H13.

At the end of the day, after a night out on the lash, a pissed up bloke went for him in the accomodation, Bale gave him a "tap" in self defence then went and got his head down.

This is a load of old bollocks and I wish him my best in getting it sorted out.
 

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