The cowardice and insanity of the immigration service

[Grumpmeister]

Don't know if I've mentioned him before but there is a guy in Falmouth called Thomas Podgoretsky who is a local legend. He's a Vietnam veteran who settled here over 40 years ago and since then has grown a large family, run a number of successful local businesses including Victor Dragos, one of the 2 most popular live music venues in the town back in my younger days. Over the years he has also done a hell of a lot for the local community and what does he get back in return? The immigration service handing him an order to leave the UK after breaching his terms of residency because he left twice, once for medical treatment and the other to care for his mother.

I bumped into him tonight and told him it was good to see that he was still around so we started chatting about things and it turns out that he is currently still in limbo because neither the immigration service nor the courts will make a decision as to whether or not he can stay in the country. He thinks it's because nobody has the courage to make a final decision and I have to admit I agree with his theory. This has been going on for years, a local petition asking for him to be allowed to stay ended up with almost 10,000 names on it, having being a part of it for years he's had the full support of equity and some of it's more well known members not to mention politicians and others standing up for him.

My question is this, if the immigration service can cave in over deporting criminals and rapists because of their 'right to a family life' what the hell gives them the right to try and deport Thom? His family IS HERE, his life IS HERE, his community IS HERE. What will it take for someone in the immigration service to grow a pair and let him stay?

[Barman]

Don't know if I've mentioned him before but there is a guy in Falmouth called Thomas Podgoretsky who is a local legend. He's a Vietnam veteran who settled here over 40 years ago and since then has grown a large family, run a number of successful local businesses including Victor Dragos, one of the 2 most popular live music venues in the town back in my younger days. Over the years he has also done a hell of a lot for the local community and what does he get back in return? The immigration service handing him an order to leave the UK after breaching his terms of residency because he left twice, once for medical treatment and the other to care for his mother.

I bumped into him tonight and told him it was good to see that he was still around so we started chatting about things and it turns out that he is currently still in limbo because neither the immigration service nor the courts will make a decision as to whether or not he can stay in the country. He thinks it's because nobody has the courage to make a final decision and I have to admit I agree with his theory. This has been going on for years, a local petition asking for him to be allowed to stay ended up with almost 10,000 names on it, having being a part of it for years he's had the full support of equity and some of it's more well known members not to mention politicians and others standing up for him.

My question is this, if the immigration service can cave in over deporting criminals and rapists because of their 'right to a family life' what the hell gives them the right to try and deport Thom? His family IS HERE, his life IS HERE, his community IS HERE. What will it take for someone in the immigration service to grow a pair and let him stay?

Obviously not black/muslim enough... 

[Steve]

A classic case of people should be more careful about what they wish for.  In this case those who wanted us to be tough on immigration and not allow too many questions. 

On balance I hope he is allowed to stay but he really should have thought it through before seeking to deceive the Home Office

From 2 years ago:  http://www.cornwalllive.com/home-office-hits-deportation-row-falmouth/story-28253828-detail/story.html

"Although Mr Podgorestky claimed to have been resident in the UK from 1967, during that period he had had absences from the UK of more than two years, from 4 July 1994 to 10 August 1998, 18 December 2000 to 25 February 2003, and 24 September 2007 to 17 June 2010. These periods of absence meant that his Indefinite Leave to Remain (ILR) status was no longer valid.

"On 16 May 2012, Mr Podgoretsky sought Leave to Enter the UK as a Returning Resident. However, due to him re-entering the UK in the preceding years as a visitor; and having had periods of absence from the UK of more than two years, it was considered that Mr Podgoretsky was not ordinarily resident in the UK. He was therefore refused Leave to Enter as a Returning Resident.

"Mr Podgoretsky was granted temporary admission and has since applied for further leave to remain outside the immigration rules. This was refused and a Judicial review in July upheld that decision."

[Grumpmeister]

The immigration service argument makes no sense though, essentially they are saying that because he spent around 2 years away (with good reasons in each case, none of them were frivalous) over a 13 year period despite already having lived here for nearly 30 years before his first absence he is no longer eligible for residency. He's over 70 now for crying out loud, where is the harm in letting him stay.

Hell at the very least they could stop torturing him like this and make a decision. While one of the local MP's has managed to get a promise that he won't be deported, the way the whole affair has been handled by the immigration service and home office means that he doesn't believe it's worth the paper it's written on. Nobody deserves to live in limbo. This isn't a case of being tough on immigration, this is pure prevarication and waiting for someone else to make the decision because those responsible are too cowardly to do it themselves. The home office has let criminals and rapists stay due to a spurious right to a family life so why not someone who's made a huge contribution to the local community over the years and who's only crime (if it can even be called that) is that he messed up his residency applications and had to spend time out of the country due to personal matters.

[Steve]

The immigration service argument makes no sense though, essentially they are saying that because he spent around 2 years away (with good reasons in each case, none of them were frivalous) over a 13 year period despite already having lived here for nearly 30 years before his first absence he is no longer eligible for residency.

It wasn't 2 years, it was 8 years

He's over 70 now for crying out loud, where is the harm in letting him stay.

Because at age 70 he will be a burden on the state?  How many times do we see the demands to stop foreigners exploiting the NHS. 

Hell at the very least they could stop torturing him like this and make a decision.  . . .

They did, his choice to keep appealing it by means various.