Chatham family fight deportation after application to remain denied
00:01, 10 March 2018
A family could be facing deportation after their application to remain in the country was denied by the Home Office.
Wael Ahmed Khalaf, 45, his wife May, 46, and his children Abeer, 15, and Ahmed, 10, came to the UK in January 2009 from Libya.
May is Palestinian, but born in Egypt so does not have a passport, meaning the family may be forced to go to war-torn Iraq, Wael's birthplace.
The couple, who both have masters degrees, left St Mary's Island in 2015 after Wael found a new job in Chesterfield.
They returned to Medway in 2017, however, and told horrified neighbours that they'd be classed as 'illegal immigrants', unable to work or claim benefits.
Wael had been on a tier 1 general visa for most of his time in the country, and applied for indefinite leave to remain in July 2016, which was refused and his passport confiscated.
His employer, Chesterfield-based engineering firm, Fusion, was asked to dismiss him.
They appealed the decision after they were given just 14 days to leave the country, but waited two years to learn their appeal was unsuccessful.
A petition to keep the family in the country has received over 5,000 signatures.
Abeer attends girls' school Rochester Grammar and Ahmed is at St Mary's Island School.
The family-of-four have had to survive on savings, help from friends and temporary cash-in-hand work.
"Is it safe to send me and my family to a place where my brother was assassinated and my father tortured in prison" - Wael Ahmed Khalaf
During this process, Wael and his family have paid over £15,000 in Home Office fees, and he estimates the time waiting for a decision to made has cost the family over £70,000.
The family have now appealed citing Article 8 of the Human Rights Act - the right to respect for his private and family life and no interference by a public authority, except in accordance with the law.
They hope to be granted 'Further Leave To Remain' under this article because they have children under 18 that have spent over seven years in the UK - two of the criteria under the leave.
Wael fears returning to Irag, after his family was devastated by former dictator Saddam Hussein's reign.
He said: "In section 8, it clearly shows that if the deportation is a must, the Home Office should make sure that they are sending the kids to a safe place.
"My question is, is Iraq a safe place?
"Is it safe to send me and my family to a place where my brother was assassinated and my father tortured in prison?"
Home Office spokesman Richard Crowe said: “All applications are considered on their individual merits and in accordance with the immigration rules.
"We have been in touch with Mr Khalaf’s representatives to update them on the outcome of his case."
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