Isimeli Baleiwai faces deportation, and separation from his wife and children because he is not a British citizen.

13 years service in the British army with the Edinburgh-headquartered Royal Regiment of Scotland has not entitled him to the citizenship promised to Commonwealth soldiers because of a bureaucratic loophole. Baleiwai is the subject of an onlineĀ Meadowbank-basedĀ campaign to have himself and other ex-soldiersĀ recognised as citizens, which was launched this week.

Lance Corporal Isimeli Baleiwai foughtĀ onĀ behalf ofĀ Britain’s interests as part of the Royal Regiment of Scotland and the Royal Electrical and Mechanical Engineers. He served the Queen,Ā paid taxes and national insurance on his earnings andĀ risked his lifeĀ on the battlefields of Bosnia, Northern Ireland, Iraq and Afghanistan during his 13 years in the British army. He is now afflicted with post-traumatic stress disorder from hisĀ tour in Afghanistan, butĀ with his uniform off and his service behind him,Ā Baleiwai is no longer entitled to live, work or claim benefitsĀ in BritainĀ and must leave the country by 9 August 2012.

In 2010 another soldier picked a fight with him, which is said to have lasted but a minute and the summary hearing in front of his commanding officer lasted ten. The former soldier says he had no legal representation and no witnesses were called. Baleiwai was told he had broken the other man’s jaw, and that five fellow soldiers would attest to his acting in self-defence. Baleiwai accepted his punishment, thinking the small incident would be a minor mark on his record, but under new Home Office rules, any punishments incurred during military service are considered equivalent to a criminal record, and Baleiwai is now considered to be a person “not of good character” by the Borders Agency.

Baleiwai’s case is being used as an example of how the new rules are failing Britain’sĀ CommonwealthĀ soldiers. The campaign to let him stay in Britain with his family is quickly gathering place, withĀ 11,000Ā signatures on the petition within a week. Baleiwai is gaining some high-profile supporters, including comedian Eddie Izzard.

A scathing report from members of the Home Affairs committee todayĀ has said there is a backlog of 275,000 immigrants who should be removed from the country, an estimated 4,000 of whom are criminals and 57 are convicted criminals released from prison and not yet deported. Baleiwai is one of this number. His wife and two children hold UK passports, but he does not.

The Sunday Telegraph exposes the loophole of whichĀ Baleiwai claims he is a victim. Commonwealth soldiers recruited to bolster British army numbersĀ were promised BritishĀ citizenship after four years service, but under new rules, military punishments are considered equal to a criminal record, negating a soldier’s right to citizenship. Veterans groups have criticised this change to regulations, and report “dozens” ofĀ cases like Baleiwai’s every month.

If you would like to support the campaign to help Isimeli Baleiwai and others like him, follow letbaleiwaistay on Twitter.

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4 COMMENTS

  1. I served with this soldier as a member of the 1st Bn the Royal Scots the Royal Regiment,I always found him to be a very effective Soldier who was always willing to help and assist any-one that needed his help or assistance as part of My Duties as Regimental police man I often found he was willing to step in and breach the Language Barrier and help in calming situations that arose he would never turn his back on any – one and never started any trouble and was always able to calm situations verbally he was loyal to both the regiment and her Majesty the Queen and would have gladly given his life for queen country or regiment, And I would gladly serve with Him again, I feel that his deportation is a grave injustice to a hero and should not be allowed to go ahead Nemo me Impune Lacessit ( lcpl Aw Christie RS Retired)

  2. For it’s Tommy this and Tommy that, an chuck him out the brute.
    But it’s Saviour of his Country when the Guns begin to Shoot.
    Kipling

  3. Having read most of the detail of the allegation against this man, if that had been tried in a civilian court,(it wouldnt have got that far) it would have been thrown out. This is an unsafe conviction, and should be overturned. Why were the witnesses for his defence not called. This man did not recive a fair trial. Soldiers are entitled to protection under our legal system the same as anyone else.Once cleared, he should sue the MOD for eveything he can. Soldiers are not second class citizens.

  4. Have followed closely on Baleiwai’s story, it’s a shame that a soldier of impeccable 13years service to Britain be treated so unfairly. He deserves better than this. Give him a fair hearing.

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