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

There's nothing Luddite about banning zero-hours contracts

The TUC general secretary responds to the Taylor Review. 

Unions have been criticised over the past week for our lukewarm response to the Taylor Review. According to the report’s author we were wrong to expect “quick fixes”, when “gradual change” is the order of the day. “Why aren’t you celebrating the new ‘flexibility’ the gig economy has unleashed?” others have complained.

Our response to these arguments is clear. Unions are not Luddites, and we recognise that the world of work is changing. But to understand these changes, we need to recognise that we’ve seen shifts in the balance of power in the workplace that go well beyond the replacement of a paper schedule with an app.

Years of attacks on trade unions have reduced workers’ bargaining power. This is key to understanding today’s world of work. Economic theory says that the near full employment rates should enable workers to ask for higher pay – but we’re still in the middle of the longest pay squeeze for 150 years.

And while fears of mass unemployment didn’t materialise after the economic crisis, we saw working people increasingly forced to accept jobs with less security, be it zero-hours contracts, agency work, or low-paid self-employment.

The key test for us is not whether new laws respond to new technology. It’s whether they harness it to make the world of work better, and give working people the confidence they need to negotiate better rights.

Don’t get me wrong. Matthew Taylor’s review is not without merit. We support his call for the abolishment of the Swedish Derogation – a loophole that has allowed employers to get away with paying agency workers less, even when they are doing the same job as their permanent colleagues.

Guaranteeing all workers the right to sick pay would make a real difference, as would asking employers to pay a higher rate for non-contracted hours. Payment for when shifts are cancelled at the last minute, as is now increasingly the case in the United States, was a key ask in our submission to the review.

But where the report falls short is not taking power seriously. 

The proposed new "dependent contractor status" carries real risks of downgrading people’s ability to receive a fair day’s pay for a fair day’s work. Here new technology isn’t creating new risks – it’s exacerbating old ones that we have fought to eradicate.

It’s no surprise that we are nervous about the return of "piece rates" or payment for tasks completed, rather than hours worked. Our experience of these has been in sectors like contract cleaning and hotels, where they’re used to set unreasonable targets, and drive down pay. Forgive us for being sceptical about Uber’s record of following the letter of the law.

Taylor’s proposals on zero-hours contracts also miss the point. Those on zero hours contracts – working in low paid sectors like hospitality, caring, and retail - are dependent on their boss for the hours they need to pay their bills. A "right to request" guaranteed hours from an exploitative boss is no right at all for many workers. Those in insecure jobs are in constant fear of having their hours cut if they speak up at work. Will the "right to request" really change this?

Tilting the balance of power back towards workers is what the trade union movement exists for. But it’s also vital to delivering the better productivity and growth Britain so sorely needs.

There is plenty of evidence from across the UK and the wider world that workplaces with good terms and conditions, pay and worker voice are more productive. That’s why the OECD (hardly a left-wing mouth piece) has called for a new debate about how collective bargaining can deliver more equality, more inclusion and better jobs all round.

We know as a union movement that we have to up our game. And part of that thinking must include how trade unions can take advantage of new technologies to organise workers.

We are ready for this challenge. Our role isn’t to stop changes in technology. It’s to make sure technology is used to make working people’s lives better, and to make sure any gains are fairly shared.

Frances O'Grady is the General Secretary of the TUC.