Thread: Father faces deportation to Thailand

Father faces deportation to Thailand after 27 years in Britain for two 'stupid crimes'










Exclusive: He received 'indefinite leave to remain' when he arrived in the UK



Cahal Milmo

Chief Reporter

Sunday 05 July 2015

250

Print
A A A




As a young boy, Jalin Beaksantia would often be left to sleep in his mother’s car parked on the driveway of a Thai restaurant in Preston while she worked inside.

It was just one hardship in a hardscrabble upbringing which saw Jalin move to Lancashire from Thailand days after his sixth birthday following the marriage of his mother, Kattika, to a Briton. They arrived in Preston nearly three decades ago with “Indefinite Leave to Remain” stamped in their passports. The marriage failed and Kattika fell into the alcoholism – it eventually took her life – and left her such an incapable mother that her only child asked social services himself to be taken into care at the age of 11.
Despite his difficult childhood, Mr Beaksantia, now 33, made efforts to make something of his life, graduating from catering college and in recent years settling down with his partner, Hannah, and their toddler son, Kai. His guiding aspiration, according to his family, was that he should be the sort of hands-on, caring parent that his mother all too rarely was.
But the chances of him achieving that ambition are now under grave threat. The Home Office has ruled Mr Beaksantia, who speaks with a Lancashire accent and apart from a childhood holiday in France has not left British soil for 27 years, will be deported within weeks to Thailand, a country whose language he cannot speak and with which he has not had any contact since 1988.
The reason for this action is that a year ago Mr Beaksantia, while heavily indebted, committed two thefts, including the inept pilfering of £2,300 from the takings of the discount shop where he was working and had risen to the rank of supervisor. They were, in his own words, “stupid crimes” for which he is rightly paying the price with a 12-month prison sentence.
Read more: Glasgow student 'feared dead' after 'forced' deportation
Migrants died after jumping off ferry to swim back to Britain
Mother and son unlawfully deported by home office set to return

He also has a conviction for an assault in 2011, for which he received a conditional discharge. But while he recognises and apologises for his crimes, he and his family say he is facing a further punishment out of all proportion to his misdeeds as part of the Government’s efforts to crackdown on foreign criminals by imposing a new “deport first, appeal later” regime on lawbreakers from abroad. As a result, the young father is on suicide watch in jail and described by his partner as “dying inside” as he contemplates being put on a plane to country he does not know.
In a letter from prison seen by The Independent, Mr Beaksantia said he has been left a “broken man” by the deportation order. He said: “What I did was a stupid crime, which I regret and I am serving my punishment. But I’ve been brought up English, educated English and paid my tax and national insurance. So what part of me isn’t English?”
Ministers have put forward the fact that 800 foreign criminals have been deported since last summer under the 2014 Immigration Act as evidence of their determination to deal with the issue of inmates using “spurious claims under the Human Rights Act” to remain in the UK.
The new rules mean anyone sentenced to imprisonment for 12 months or more can be “certified” for deportation and only appeal once they have left the UK. But critics are increasingly concerned the new measures have tipped the balance too far in the opposite direction and are inflicting draconian sanctions on individuals who have made their lives in Britain and are finding themselves banished after committing relatively minor offences.
Home Secretary Theresa May suffered a blow to the programme last week when it was ruled the Court of Appeal should hear the cases to two foreign criminals who face deportation and argue that they cannot mount a meaningful out-of-country appeal.
The ruling could put a temporary halt on all removals of convicted criminals. But the system hitherto offers little grounds for optimism for those seeking to challenge deportation orders – of 1,135 appeals lodged in the first six month of last year (prior to the introduction of the new system), just 12 were granted. In the case of Mr Beaksantia, the prospect of deportation has been devastating.
One family member told The Independent: “This is effectively the reintroduction of transportation – he is going to be sent to an alien land where he knows nobody, cannot communicate and will be forcibly removed from his family.” The Home Office declined to comment on Mr Beaksantia’s case but defended the “deport first, appeal later” system.

Jesus,

I wonder why he did not get naturalized as a proper Pomgolian ?

A very harsh outcome this one, up there with the 50 for 200 E's.

Teresa May is a cvunt.

The Home Office once exercised discretion, intelligence and judgement but now because of this bitch it is simply a Kafkaesque department run by automata and led by cocksuckers.

Britain is rapidly developing into a a coon state.

Those are not "stupid " crimes. Pilfering a pack of cigs is a stupid crime, not assault and two thefts, one of which is stealing £2,300 from an employer.

Simple case really, is he Thai or is he British? He asks, So what part of me isn’t English?
Your passport.

My mate married a Pomgolian girl, they are like 20 years married already.

The thing is she has never naturalized so for all intent and purpose is still Pomgolian with no Australian Passport and only the Pomgolian one .

On some sort of long stay Visa thingy ? He's been at her for years to sort it but she is still fuking around.

Could come unstuck .

Would a farang be given any special consideration if the boot was on the other foot? If I was in breech of any Thai laws, even though I have a wife and 3 kids, do you think Thailand would be lenient with me. Nah, so no sympathy here.

Ye you'd pay the BIB and you'd be home very quickly

Originally Posted by terry57

My mate married a Pomgolian girl, they are like 20 years married already.

The thing is she has never naturalized so for all intent and purpose is still Pomgolian with no Australian Passport and only the Pomgolian one .

On some sort of long stay Visa thingy ? He's been at her for years to sort it but she is still fuking around.

Could come unstuck .

OZ has PR and it's permanent [so far] wife has PR, can never get citizenship as she needs to live for 2 more years full time to apply for citizenship.
Bit silly in away, 2 kids born in Australia, they have OZ passports, but the wife can't qualify.
She can come and go, work, just like any citizen, but no passport unless that extra 2 years is done.

Jim, the ruling to qualify for Aussie citizenship is that she must have only been out of Oz for 1 of the last 4 years.

PR does not last forever and expires every 5 years.

Originally Posted by Iceman123

Jim, the ruling to qualify for Aussie citizenship is that she must have only been out of Oz for 1 of the last 4 years.

PR does not last forever and expires every 5 years.

New one on me, 2 years spouse visa, then PR, 2 more years then you can apply for citizenship.
6 months break and the clock starts again, not heard of any changes to the law.
Her OZ visa states permanent, not 5 years, if there have been changes, are they back dated.
Remember the spouse visa being restated, had to do the medial and police checks again, but PR was permanent, so I was told.
Also told she can apply for citizenship outside those rules, by ministerial request, costs a lawyer though.
If you have a link please post it, would be embarrassing having to leave her at swampy airport, when the kids and I went back at Xmas.

ILR means naff all!

The citizenship and passport is the safety net!

Yet I've met many Thais in the UK that won't go that extra mile and pay the grand for peace of mind and their future security.

Most are content with ILR because it allows them to work and live here.

Short sighted in my opinion, but it's their life and choice.

He needs to fight this in the appeal courts under article 8 - the right to family life.

This law has been abused in recent years so it remains to be seen how this will pan out.

Originally Posted by terry57

Jesus,

I wonder why he did not get naturalized as a proper Pomgolian ?

One needs to apply for British citizenship, it's not just given away.

Sheer stupidity, or maybe he thought it didn't matter and couldn't afford the fees.

I'm a bit confused by Nigel's petulance; less so by Lostandfound.

Originally Posted by chassamui

Mr Beaksantia said he has been left a “broken man” by the deportation order. He said: “What I did was a stupid crime, which I regret and I am serving my punishment. But I’ve been brought up English, educated English and paid my tax and national insurance. So what part of me isn’t English?”

English is an ethnicity; British is a nationality, but this is besides the point somewhat.

I find it odd that his visa status wasn't checked and dealt with by the authorities when he was taken into care aged 11.
I expect it's quite likely that this will be the strongest part of his appeal - that the authorities should have made a final decision on his nationality then, and to do so 20 years later is a bit unreasonable - a fuck up.
Article 8 should also come into it as well, because of the needs of his son to have a father who is active in his life - all fathers should support that.

Whilst I don't condone or encourage children being brought in from other countries through marriages, comparing him with the crap that is begging on the streets of our cities; bombing or trying to ethnically cleanse sections of cities; and baying at the gates of the Chunnel, I don't think you can lump this guy in with them. He is a casualty of an incompetent bureaucracy that should have not allowed him in as a child in the first place without stringent conditions being met; and then should have made a definitive decision when he was taken into care - adopted by the state. It may also be arguable that he is not domiciled in Thailand and has relinquished citizenship there.
He may need his arse kicking, but I think this experience he's having is a pretty brutal arse-kicking, and I'm sure he will learn to respect where he's been lucky enough to grow up in. Give him some community service and his papers under the same conditions new immigrants get - with dual nationality, so he can at least in theory be deported if he's a bad 'un.

Originally Posted by nigelandjan

No sympathy from me either , if I was mad enough to retire in his Country , I wouldn't even be allowed to IF ,, I had a criminal record .

Apples and oranges. The guy was brought up in the UK and doesn't speak Thai.

Na he can fk right off and take a load of those Romainiun gypsies with him living here on benefits

I,m sick of the scum allowed in this Country whilst people like my hard working mate and his wife are having to jump through every hoop and hurdle to allow her to remain , also another poor guy on here who has worked the majority of his life here and is finding it ni on impossible to return with his Thai wife

You can't even see the irony in your words, can you?

Australian citizenship

Think this link may clarify James

Cheers

Originally Posted by CaptainNemo

I find it odd that his visa status wasn't checked and dealt with by the authorities when he was taken into care aged 11.
I expect it's quite likely that this will be the strongest part of his appeal - that the authorities should have made a final decision on his nationality then, and to do so 20 years later is a bit unreasonable - a fuck up.

Perhaps they did, but was his nationality an issue at that time? He had indefinite leave to remain in the UK from day one when he arrived in the UK so he was entitled to stay in the UK.

But he didn't get British nationality/citizenship. Now it's the 'new rules' that seem to be the issue for him.

The new rules mean anyone sentenced to imprisonment for 12 months or more can be “certified” for deportation and only appeal once they have left the UK.

The lad needs to get himself a cat or claim to be gay, no worries then

Originally Posted by CaptainNemo

I'm a bit confused by Nigel's petulance; less so by Lostandfound.

Originally Posted by chassamui

Mr Beaksantia said he has been left a “broken man” by the deportation order. He said: “What I did was a stupid crime, which I regret and I am serving my punishment. But I’ve been brought up English, educated English and paid my tax and national insurance. So what part of me isn’t English?”

English is an ethnicity; British is a nationality, but this is besides the point somewhat.

I find it odd that his visa status wasn't checked and dealt with by the authorities when he was taken into care aged 11.
I expect it's quite likely that this will be the strongest part of his appeal - that the authorities should have made a final decision on his nationality then, and to do so 20 years later is a bit unreasonable - a fuck up.
Article 8 should also come into it as well, because of the needs of his son to have a father who is active in his life - all fathers should support that.

Whilst I don't condone or encourage children being brought in from other countries through marriages, comparing him with the crap that is begging on the streets of our cities; bombing or trying to ethnically cleanse sections of cities; and baying at the gates of the Chunnel, I don't think you can lump this guy in with them. He is a casualty of an incompetent bureaucracy that should have not allowed him in as a child in the first place without stringent conditions being met; and then should have made a definitive decision when he was taken into care - adopted by the state. It may also be arguable that he is not domiciled in Thailand and has relinquished citizenship there.
He may need his arse kicking, but I think this experience he's having is a pretty brutal arse-kicking, and I'm sure he will learn to respect where he's been lucky enough to grow up in. Give him some community service and his papers under the same conditions new immigrants get - with dual nationality, so he can at least in theory be deported if he's a bad 'un.

Why do folk like you insist on posting when practically everything you write is drivel. You know nothing about anything.

Been looking this OZ resident return crap, what a nightmare, the application would be near on impossible to fill out, want to know everything but your shoe size.

You really need to get it before you leave Australia and the way it reads you need it even if you are a citizen in some cases.

I was wrong about returning 2013 it was the end of 2011 and these rule hadn't come into force yet.

Also seems some forms of PR are exempt from the rules, but as the visa is now electronic, no stamp.

How does it work, do airlines now have access to the Australian immigration data base, because last time we went to OZ we had to show the old passport to the airline with the PR stamp.

What do they do arrest you at the airport on arrival in OZ, seems just another money making scheme.

Never heard of a person who was granted PR being stopped at the airport leaving OZ,

Anyone had experience with these visas, what happens if you arrive on a tourist visa and overstay, all very strange.

^You may want to investigate what "lived" in Australia means to the Australian authorities. The UK has similar wording but many legal interpretations.

Originally Posted by OhOh

^You may want to investigate what "lived" in Australia means to the Australian authorities. The UK has similar wording but many legal interpretations.

Just a money making scam by the Government, you are paying for the right to come and go as you like, the visa means you keep your PR active even if you leave for long periods of time.
It's a multi entry visa, you don't lose your PR after a certain time, you lose the right to enter on your PR status.


Who needs a Resident Return Visa?

If you are the holder of a permanent residency visa for Australia, you are permitted to remain in Australia indefinitely. However, your visa is only valid as a means of entry into the country for the first five years since your visa grant date.

If you would like to travel outside of Australia after, or towards the end of, the initial five year period, you will require an RRV.

Any family members who will also be travelling outside of Australia will also require their own RRV and separate applications must be made for each person.

If you were formerly a permanent resident of Australia and your visa has expired, you will require an RRV to re-enter Australia.

If you were formerly an Australian citizen and you either lost or renounced your citizenship, you will also require an RRV.


Guess if you have had PR for more then 5 years and want to go on holiday, you have to pay for getting back in.