Mr. Poloko Hiri, a national of Botswana described by senior military figures as an “intelligent, motivated and hard-working soldier” with an “exemplary record of conduct”, has been supported by the charity Veterans Aid since being refused British Citizenship by the Home Office on the basis of a speeding offence for which he received 5 points and a £100 fine.
Mr. Hiri, who is presently studying law and living in Veterans Aid accommodation, said, “The first thing that came into my mind when the barrister took my statement was ‘Where would I have been without Veterans Aid?’. I just don’t know. I couldn’t have gone back to Botswana – I wouldn’t have been anywhere. I am so grateful to Veterans Aid for all it has done for me and so very glad that this is over. I now want to get on with my life, finish my law degree and be a good citizen of the UK.”
The Secretary of State had repeatedly asserted that Mr. Hiri was not of “good character”, because of this single offence but in her judgment Mrs. Justice Lang concluded that the good character test had been applied in a “mechanistic and inflexible” way. She said that all aspects of the applicant’s character, not just whether they have previous criminal convictions, should be taken into account adding “It is much wider in scope than that.”
CEO of Veterans Aid Dr Hugh Milroy welcomed the ruling and said, “This charity deals with a large number of appeals from Foreign & Commonwealth veterans, and even serving personal who, through no fault of their own, have fallen foul of immigration rulings. I can honestly say that none have presented a better case for the system to be reviewed than Mr. Hiri. He was an exemplary soldier and is a most diligent and personable individual.
“Although, after our intervention, he avoided deportation by seeking asylum, and was subsequently given limited leave to remain, the underlying wrong was the flawed process applied to his initial application. That decision deprived him of the means to survive by either working or claiming benefits; it was not only unjust but also inhumane. That said we are encouraged to note a general move towards greater flexibility in these cases and are grateful for the concern expressed by former Immigration Minister Mark Harper.”
Picture: Poloko Hiri on Ops with his colleagues
EDITORS NOTE: Veterans Aid provides free advice and practical support to all veterans in crisis and works with a variety of legal professionals on immigration and settlement issues. Mr. Hiri was represented by Raza Halim of Garden Court Chambers and his solicitor was Mr. Toufique Hossain of Duncan Lewis.
More 50 nationalities serve in the British Armed Forces, an increasing number of whom are finding their way to Veterans Aid. For background to this case click HERE.
