CrossCountry traincrew member faces deportation

[gimmea50anyday]

Frank Mbutu is a well known, hard working, popular and well respected member of crosscountry's on board catering staff and has been so for nearly 14 years, having started before virgins operation princess revamp. He has therefore continually worked, paying in to the tax system and never claimed any benefits in any way.


Despite this, his claim to stay in the UK was unbeknown to him rejected back in 2000. Yet he has managed to sustain himself and work legitimately in this country since he moved here. Now he faces deportation to Tanzania, even tho his nearest family links are in the USA. Please urge Theresa may to reconsider and intervene on his behalf. He has built a life in this country, developing himself a career on the railway and deserves to stay. He has done far more than prove his worth. If we can give war refugees access to this country, there is no reason why Frank shouldnt be given the same opportunity. He was given that opportunity and he has done something with it, he has built himself a better life for it. Isnt that what this country preaches?

https://www.change.org/p/rt-hon-theresa-may-mp-don-t-deport-frank-mbutu-from-the-uk

He is a former colleague of mine so i therefore know him, and this pulls at my heart strings a little.

 

[Ash Bridge]

Have just added my signature.

 

[grumblingalong]

Signed. Sounds like a great person who is welcome to stay.

 

[AndyY]

I thought that if you are illegally in this country for 14 years and have proof (which should not be difficult if he kept his payslips or bank records), you may be granted indefinite leave to remain?

 

[causton]

Signed!

 

[Geezertronic]

Makes me wonder when a hard working person like this is threatened with deportation, then you hear in the news that a rapist or other criminal cannot be deported for human right issues....

 

[Ash Bridge]

Makes me wonder when a hard working person like this is threatened with deportation, then you hear in the news that a rapist or other criminal cannot be deported for human right issues....

Exactly my thoughts

 

[Philip Phlopp]

Is the RMT corralling the troops on this one ?

 

[rdeez]

Signed! Not only a ridiculous decision given his circumstances and history, but sends out completely the wrong message. You work hard, contribute to society, build yourself a life here and one day you can be rounded up like a criminal and have all of that snatched away from you in an instant. It's a disgrace and a sad reflection on the contradictions and injustice of our immigration processes.

 

[Pinza-C55]

Signed. I am sure many illegals need to be deported but this doesn't make sense. Maybe there should be a statute of limitations ?

 

[Mag_seven]

We can keep a place here for him by simply not allowing back one of those so called "Britons" who have gone to Syria.

 

[ANorthernGuard]

Signed!

 

[Darandio]

Is the RMT corralling the troops on this one ?

Why? To strike against the government?

 

[Jonfun]

I think the most grating thing about the whole situation is that it isn't as though he's been hiding in some cupboard above a chippy for 15 years while being paid cash in hand, as I understand it he hasn't even changed addresses in the time he's been here, he's been full time employed and paid every tax he's owed.

I know they can and will turn round and say 'rules is rules' etc but when we're quite happy to pay to house and fund folk who've committed serious crimes, or walked through the channel tunnel to be here rather than deport them I think it's really against everything the UK's stance on immigration should be.

 

[CC 72100]

I think the most grating thing about the whole situation is that it isn't as though he's been hiding in some cupboard above a chippy for 15 years while being paid cash in hand, as I understand it he hasn't even changed addresses in the time he's been here, he's been full time employed and paid every tax he's owed.

I know they can and will turn round and say 'rules is rules' etc but when we're quite happy to pay to house and fund folk who've committed serious crimes, or walked through the channel tunnel to be here rather than deport them I think it's really against everything the UK's stance on immigration should be.

Can't help but agree. Surely somebody who has lived and worked here completely in compliance with the law deserves to stay?

 

[tsr]

I have no doubt that if all we read is true, this gentleman is a hardworking asset to the country and deserves to stay. In fact, there are many people who would not consider themselves to have migrated to the UK for whom he probably sets an excellent example. It strikes me that he has found a long-lasting career in a part of the rail industry which probably sees a proportionally high turnover.

However, and not meaning to sound harsh... what sort of obligations are placed on somebody to check that their application to live in the UK has been approved? Is it likely that it would dawn on you at some point in many years that perhaps it might be a good idea to work out if a very-long-overdue application had been approved, or is it approved in the absence of being declined? I ask out of curiosity as I am fortunate never to have had to do something like this and I am not an expert in immigration law.

Nonetheless, I wish him and his representatives all the best with his struggle to remain in the UK. I think it is a worthy struggle.

 

[Pinza-C55]

The only bit of the petition I disagree with is "I am proud of our country".

 

[Philip Phlopp]

Why? To strike against the government?

They won't be able to strike as it's not an employment related issue, but the RMT can certainly apply pressure politically, generate publicity for the case and make life embarrassing for Theresa May.

The railway is highly reliant on workers born outwith the UK, from track maintenance and engineering (at all grades) through to drivers and on-board staff, highlighting this might be helpful in this case.

 

[DasLunatic]

As of 1946 the petition has 917 signatures.

 

[yorkie]

I support him and have signed it.

Did anyone else get a confirmation email in Spanish?

 

[The Ham]

They won't be able to strike as it's not an employment related issue, but the RMT can certainly apply pressure politically, generate publicity for the case and make life embarrassing for Theresa May.

At the very least they can ask their members to sign the petition.

 

[gimmea50anyday]

Thanks. Framk would be bowled over by the support.

 

[Kite159]

Complete and utter madness

 

[Carntyne]

Signed. Best of luck Frank.

 

[Gathursty]

I'm conflicted here but I'll agree that this gentleman should stay and I'll leave my views on this country's demographics for another thread.

 

[Philip Phlopp]

At the very least they can ask their members to sign the petition.

I was thinking more about a demonstration, an informal protest, that sort of thing. The RMT people can put together a good and noisy display when they get the bit between their teeth.

 

[bb21]

I thought that if you are illegally in this country for 14 years and have proof (which should not be difficult if he kept his payslips or bank records), you may be granted indefinite leave to remain?

Correct provided that the initial entry into the UK was legitimate, although any removal notice served will have "stopped the clock".

Assuming that the above condition is satisfied and 14 years continuous stay has been accumulated, unless granting of ILR is against public interest, ILR should normally be given. - Rule changed in 2012, see below.

 

[61653 HTAFC]

Signed. There really should be (if there isn't already) an immigration equivalent of the old "Squatter's Rights" rule: if the state hasn't asked him to leave within a certain period, then regardless of his initial status that inaction grants him the right to remain.

Edit. Hadn't seen the bit about his ILR being declined and him not being informed. This (and previous) governments seem to have an unfortunate habit of failing to inform people of things that affect their lives in significant ways.

1,097 signatures now though.

 

[FordFocus]

The RMT provides union services in the form of Thompson's Solicitors who will help advise the member about the issues from a legal POV..........

.....as mentioned the next step is to apply political pressure to May to allow him to stay which IMHO he should. Someone who has worked for 14 years for a large employer such as the railway and never claimed benefits nor have any outstanding criminal charges should be allowed to remain.






Signed

 

[bb21]

Correct provided that the initial entry into the UK was legitimate, although any removal notice served will have "stopped the clock".

Assuming that the above condition is satisfied and 14 years continuous stay has been accumulated, unless granting of ILR is against public interest, ILR should normally be given.

In fact, further to my earlier post, I have just looked at the subject matter again and it would appear that the 14-year route was withdrawn in 2012. Of course some complicated applications in this category may still be awaiting a decision (not unheard of for some people to wait 2 years or more for a decision in that category - the longest I have heard of was 3 years and 11 months), but if the person in question did not apply for ILR under the 14-year route prior to the immigration rule changes in July 2012 then this route is no longer open. The closest current alternative is the Private life in the UK 20-year route. A shame really. It would seem that the guy came over here late 1998 or in 1999. Had the category been open for a year longer, he would have been eligible to apply using that route.

I also find it a little harsh on the guy, having contributed so much, but I fear that there may simply not be a category within immigration rules he could be granted further leave in (not really knowing his personal circumstances), unless CrossCountry were happy to fund him under the points based system (which I somehow doubt). He may require the service of a very good immigration lawyer (which I hope the union would be able to find for him).

I must say that I find it a little odd that he did not know his application was refused. He should have received a decision whether his application was granted or refused in post. If nothing has been received to date, what has he done to find out on his part? I assume that his previous LTR had long expired. I can understand still patiently waiting if nothing is heard for the first few months, even up to a year or two, but for 15 years?

I would like to see the guy staying, considering what other people have said about him, but something does not seem to add up imo.