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
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Sadiq Khan is probably London's new mayor - what will happen in a Tooting by-election?

There will be a by-election in the new mayor's south London seat.

At the time of writing, Sadiq Khan appears to have a fairly comfortable lead over Zac Goldsmith in the London mayoral election. Which means (at least) two (quite) interesting things are likely to happen: 1) Sadiq Khan is going to be mayor, and 2) there is going to be a by-election in Tooting.

Unlike the two parliamentary by-elections in Ogmore and Sheffield that Labour won at a canter last night, the south London seat of Tooting is a genuine marginal. The Conservatives have had designs on the seat since at least 2010, when the infamous ‘Tatler Tory’, Mark Clarke, was the party’s candidate. Last May, Khan narrowly increased his majority over the Tories, winning by almost 3,000 votes with a majority of 5.3 per cent. With high house prices pushing London professionals further out towards the suburbs, the seat is gentrifying, making Conservatives more positive about the prospect of taking the seat off Labour. No government has won a by-election from an opposition party since the Conservative Angela Rumbold won Mitcham and Morden from a Labour-SDP defector in June 1982. In a nice parallel, that seat borders Tooting.

Of course, the notion of a Tooting by-election will not come as a shock to local Conservatives, however much hope they invested in a Goldsmith mayoral victory. Unusually, the party’s candidate from the general election, Dan Watkins, an entrepreneur who has lived in the area for 15 years, has continued to campaign in the seat since his defeat, styling himself as the party’s “parliamentary spokesman for Tooting”. It would be a big surprise if Watkins is not re-anointed as the candidate for the by-election.

What of the Labour side? For some months, those on the party’s centre-left have worried with varying degrees of sincerity that Ken Livingstone may see the by-election as a route back into Parliament. Having spent the past two weeks muttering conspiratorially about the relationship between early 20th-Century German Jews and Adolf Hitler before having his Labour membership suspended, that possibility no longer exists.

Other names talked about include: Rex Osborn, leader of the Labour group on Wandsworth Council; Simon Hogg, who is Osborn’s deputy; Rosena Allin-Khan, an emergency medicine doctor who also deputises for Osborn; Will Martindale, who was Labour’s defeated candidate in Battersea last year; and Jayne Lim, who was shortlisted earlier in the year for the Sheffield Brightside selection and used to practise as a doctor at St George’s hospital in Tooting.

One thing that any new Labour MP would have to contend with is the boundary review reporting in 2018, which will reduce the number of London constituencies by 5. This means that a new Tooting MP could quickly find themselves pitched in a selection fight for a new constituency with their neighbours Siobhan McDonagh, who currently holds Mitcham and Morden, and/or Chuka Umunna, who is the MP for Streatham. 

According to the Sunday Times, Labour is planning to hold the by-election as quickly as possible, perhaps even before the EU referendum on June 23rd.

It's also worth noting that, as my colleague Anoosh Chakelian reported in March, George Galloway plans to stand as well.

Henry Zeffman writes about politics and is the winner of the Anthony Howard Award 2015.