Refusing Trenton Oldfield leave to remain is vindictive and baseless

The man who disrupted the Oxford and Cambridge Boat Race last year has been refused a visa. At best this is a woefully inconsistent application of policy, and at worst a vengeful, vindictive and juvenile act.

Trenton Oldfield made a name for himself – as no doubt was his intention – when he disrupted the Oxford and Cambridge Boat Race, last year. His "protest" caused the race to be restarted and much anger among members of the public, many of whom saw his actions as a selfish and supercilious attention-seeking exercise. He was arrested and charged with causing a public nuisance. He was convicted, somewhat unsurprisingly, and given a six-month custodial sentence.

Oldfield, an Australian national, is married and is expecting a child. He has lived in the UK for 10 years and has a tier one visa as a highly-skilled migrant. A tier 1 visa grants individuals leave to remain in the UK for a specified period of time. Presumably, that visa is due to expire and he applied for a spousal visa.

A spousal visa usually operates a two-year probationary period, after which it is necessary to demonstrate that the couple have been living together. The individual may then apply for indefinite leave to remain.

Oldfield’s application was refused. It was reported that the Home Office informed him that following his conviction, his continued presence in the UK would not be "conducive to the public good". General Grounds for Refusal guidance issued by the UK Border Agency in relation to the Immigration Rules suggests that people who are refused leave on the basis that it is conducive to the public good "may include:

  • a member of a proscribed group
  • a person suspected of war crimes or crimes against humanity
  • a person whose presence is undesirable because of their character, conduct or associations
  • a person whose presence might lead to an infringement of UK law or a breach of public order, and/or
  • a person whose presence may lead to an offence being committed by someone else."

The Immigration Rules govern the decision-making in relation to leave to remain and guidance on adverse decisions which is to be read alongside the Rules states that "it will never be appropriate to refuse an application where there is no evidence to support the decision" and that "the refusal must show that the immigration officer or the Secretary of State was acting reasonably in deciding that he was not satisfied." One may question whether that is so.

Deportation

Foreign nationals are open to deportation following a conviction where certain conditions are met. Where, upon a conviction, an individual who is not a British citizen, is sentenced to at least 12 months’ imprisonment, there is a duty incumbent upon the Secretary of State to make a deportation order. This is known as automatic deportation.

Oldfield received a (harsh) six-month sentence and so was nowhere near to the level at which the automatic deportation policy would "bite". There was a power for the court to order his deportation, but this would have been an erroneous decision and one which would no doubt have been successfully quashed on appeal. What is interesting to note then, is that had Oldfield have applied for his spousal visa in 2012, and disrupted the 2013 boat race, he would not have presumably been deported.

The BBC reported that a Home Office spokesperson stated: "Those who come to the UK must abide by our laws.” That is no justification for refusing his application as the deportation regime outlined above did not require his removal. It is arguably contrary Parliament’s will.

If Oldfield was not subject to deportation arising from his conviction in 2012, why should that now be determinative of his leave to remain upon an application for a new visa? At best that is a woefully inconsistent policy, and at worst, it is a vengeful, vindictive and juvenile.

Appeal

Oldfield has a full right of appeal and he told the Guardian that he has appealed against the decision. The appeal will be heard before First-tier Tribunal (Immigration and Asylum Chamber).

There is of course a human rights element to this saga. Both Trenton Oldfield and his wife have a right under article 8 to a family life and it would seem disproportionate and in breach of those rights to refuse him leave to remain as a result of his conviction, despite the deportation procedure not being triggered.

Notwithstanding what you may think of him, perhaps it is worth the Home Office asking whether attempting to remove Oldfield from the UK "conducive to the public good", considering the time and expense involved (and embarrassment when the decision is subsequently reversed). His actions were selfish, yet it is the Home Office who look the fool. 

Editor's note: This article originally stated that Oldfield appeal would be heard by the Special Immigration Appeals Chamber. This was incorrect - it will be heard by the First-tier Tribunal (Immigration and Asylum Chamber) - and the article has been amended accordingly.

Trenton Oldfield. Photograph: Getty Images
Getty
Show Hide image

Overlooking the effect of Brexit on Northern Ireland is dangerous for the whole UK

We voted to remain in the European Union. The tensions caused by the referendum outcome, and ignoring its effect on us, will cause utter carnage in Northern Ireland.

I’ve been from Northern Ireland all my life. Having spent many years living in Dublin, and now London, I’m quite used to that very fact making people uncomfortable. I get it. From a glance at the news, it would seem we fight each other about flags and anthems and are inexcusably proud of throwing glass at people in bowler hats, or daubing on our own homes the worst paintings ever committed to brickwork. Our tiny little protectorate has generated such disproportionate levels of confusing violence, most people are terrified of saying the wrong thing about any of it. We’re the celiac vegans of nationalities; the worry is that almost anything you offer will offend.

Most people avoid such worries by – whisper it – simply never acknowledging that we exist. This reflexive forgetfulness is, of course, a happy state of affairs compared to what went before. I refer, of course, to the period named, with that Ulster-tinged strain of sardonic understatement, the Troubles, when some 3,600 people were killed and ten times that injured. By some estimates, as many as 115,000 people lost a close relative to violence in this time, and many more a good friend, a colleague or an old school pal. Taken as a portion of 1.5m people, this means a startlingly high percentage of Northern Irish citizens have been directly affected by the conflict, certainly a higher percentage than that of, say, the English electorate who have ever voted for Ukip.

Northern Ireland also contains Britain’s only fully open border with the EU. I know because I grew up on it, specifically between Derry and Donegal, where my dad's back fence demarked an invisible boundary, a small hop from the UK to the Republic, and back. From a migration point of view, this poses a problem, so when Brexit was being deliberated, it did seem odd that Northern Ireland was barely mentioned at all, that the one border that exists in the entire country was given such scant reference during the campaign’s interminable duration. A dreaded EU migrant, travelling freely through Ireland toward my father’s house will not be subject to border checks once he has passed it quietly behind him. No machine guns, no "papers please", none of the fortified rigour mandated by the Leave campaign. Implementing such fortifications would, of course, be a practical nightmare, since so many live in Ireland but work in the UK, and vice versa. But the psychological effect of such a move would be infinitely worse.


Much of the Good Friday Agreement was predicated on free movement between north and south, and cross-border bodies that reinforced a soft-union of the two states; just enough to ameliorate nationalists, but nothing so resembling a united Ireland as to antagonise unionists. Making Irish-identifying Northern Irish citizens undergo any form of border checkpoint between the two countries would not just be a bureaucratic hassle, it would massively inhibit the self-determination nearly half of Northern Ireland's population takes from both countries’ status within a wider European state.

The peace that exists rests largely on this status quo, the acceptance of people who reject violent means and see little injustice in being allowed to live their lives within a British state that dignifies their close connection to their southern neighbours. It is hard to overstate how different this situation would be were armed checkpoints to re-emerge. I remember checkpoints as a child. I remember machine guns and dogs and my dad making sure we weren't nervous while he was being interrogated by armed men inspecting his driving license and checking under our car for explosives. This was every day. Rather than some novel development, this will be a direct, unbidden return to something we worked very, very hard to get away from, something we were promised was over, and something for which thousands of very stubborn, dangerous people struck what many considered a highly improbable truce.

It is this effort to which thousands of Northern Irish people now owe their lives, to which tens, perhaps hundreds, of thousands more can count among the living and healthy their siblings, their friends, their colleagues. This may not be at the forefront of minds in Carlisle or Cornwall or aboard the statesmanlike grandeur of a battlebus, but it is the lived reality of Northern Irish people. To stoke up these tensions risks sleepwalking out of a peace that was hard-fought and long considered unthinkable. To do so as a side effect of what appears to be, on its face, little more than a tussle for the leadership of a single political party with little-to-no presence in Northern Ireland seems distasteful in the extreme.

Having stating these facts to friends here in London, I’ve been touched by their sorrow for our plight but, for all their sympathy, it might still not have registered that our problems have a tradition of travelling to people in London and Dublin, in Birmingham and in Monaghan. If greater care is not given to the thoughts, aspirations and fears of Northern Irish people, and those still-present agents of chaos who would seek to use such discontent to their own violent ends, we risk losing a lot more than free use of bagpipes or pleasingly bendy bananas.

Westminster must listen to those who would bear the burden of Fortress Britain’s turrets near their homes or else, to borrow a phrase, Brexit will be a threat to our national security, our economic security and your family's security.

Séamas O'Reilly is a writer and musician. He tweets @shockproofbeats. His website is shocko.info.