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.


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.


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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It's Gary Lineker 1, the Sun 0

The football hero has found himself at the heart of a Twitter storm over the refugee children debate.

The Mole wonders what sort of topsy-turvy universe we now live in where Gary Lineker is suddenly being called a “political activist” by a Conservative MP? Our favourite big-eared football pundit has found himself in a war of words with the Sun newspaper after wading into the controversy over the age of the refugee children granted entry into Britain from Calais.

Pictures published earlier this week in the right-wing press prompted speculation over the migrants' “true age”, and a Tory MP even went as far as suggesting that these children should have their age verified by dental X-rays. All of which leaves your poor Mole with a deeply furrowed brow. But luckily the British Dental Association was on hand to condemn the idea as unethical, inaccurate and inappropriate. Phew. Thank God for dentists.

Back to old Big Ears, sorry, Saint Gary, who on Wednesday tweeted his outrage over the Murdoch-owned newspaper’s scaremongering coverage of the story. He smacked down the ex-English Defence League leader, Tommy Robinson, in a single tweet, calling him a “racist idiot”, and went on to defend his right to express his opinions freely on his feed.

The Sun hit back in traditional form, calling for Lineker to be ousted from his job as host of the BBC’s Match of the Day. The headline they chose? “Out on his ears”, of course, referring to the sporting hero’s most notable assets. In the article, the tabloid lays into Lineker, branding him a “leftie luvvie” and “jug-eared”. The article attacked him for describing those querying the age of the young migrants as “hideously racist” and suggested he had breached BBC guidelines on impartiality.

All of which has prompted calls for a boycott of the Sun and an outpouring of support for Lineker on Twitter. His fellow football hero Stan Collymore waded in, tweeting that he was on “Team Lineker”. Leading the charge against the Murdoch-owned title was the close ally of Labour leader Jeremy Corbyn and former Channel 4 News economics editor, Paul Mason, who tweeted:

Lineker, who is not accustomed to finding himself at the centre of such highly politicised arguments on social media, responded with typical good humour, saying he had received a bit of a “spanking”.

All of which leaves the Mole with renewed respect for Lineker and an uncharacteristic desire to watch this weekend’s Match of the Day to see if any trace of his new activist persona might surface.


I'm a mole, innit.