'Exemplary' soldier wins battle to appeal against deportation from UK over speeding fine after judge insisted decision was 'legally-flawed'

An ‘exemplary’ British Army soldier threatened with deportation because of a £100 speeding fine has won a crucial legal battle to stay in this country.
Sapper Poloko Hiri, 33, from Botswana, served four years in the UK military.
But Home Office bureaucrats rejected his application for citizenship, claiming his driving offence was a sign of ‘bad character’.
UK Border Agency officials ruled the serviceman should be bracketed with murderers, rapists and drug dealers and ordered him to quit Britain.
Spr Hiri faced certain arrest, prosecution and up to 25 years in jail back in Botswana because enlisting in a foreign army is a criminal offence.

Success: Sapper Poloko Hiri, 33, from Botswana, has won a crucial legal battle to stay in this country

But today, a High Court judge ordered Home Secretary Theresa May to ‘reconsider’ the decision, insisting it was ‘legally-flawed’.

In a damning ruling, Mrs Justice Lang said the UKBA had carried out an ‘inadequate’ assessment of the soldier’s character and had merely resorted to ‘inflexibly... ticking boxes on a form’.
She said officials should not just look at previous criminal convictions when deciding immigration cases.
Spr Hiri, of Limehouse, east London, who is currently studying a law degree after leaving the Army, spoke last night of his relief at the judgement.
He said: ‘I’m just glad this is all over. I’m so happy. I made a misjudgement when I was speeding and I still feel like an idiot that I put a lot of people in a difficult situation, including the Home Office which had to make a tough decision.

'Exemplary' soldier: Home Office bureaucrats rejected Spr Hiri's application for citizenship because of a £100 speeding fine - claiming it was a sign of 'bad character'. Above, the soldier is pictured in Canada in 2011

‘I couldn’t have gone back to Botswana - I wouldn’t have been anywhere. I now want to get on with my life, finish my law degree and be a good citizen of the UK.’
His case has left the Government accused once again of ‘betraying’ the military, following round after round of spending cuts.
Spr Hiri’s supporters had pointed out the UKBA’s decision was at odds with the Government’s pledge to uphold the Military Covenant, society’s duty of care to servicemen.

Appeal: But today, a High Court judge ordered Home Secretary Theresa May (pictured) to 'reconsider' the decision, insisting it was 'legally-flawed'

The ex-soldier, who has a two-year-old daughter in the UK with his ex-girlfriend, enlisted as a Commonwealth serviceman in the Royal Engineers in August 2008.
He was eager to fulfil his dream of being a soldier but was too old to join the Botswana Defence Force.
Spr Hiri joined 73 Armoured Engineer Squadron, 21 Engineer Regiment and completed exercises in the UK and Canada.
In August 2011, he gave 12 months notice he wanted to leave the Army to take a degree - a move supported by commanders.
He applied for British citizenship in April 2012 ahead of his Army leaving date.
But the UKBA rejected his bid because he had received a £100 fine and five penalty points for speeding on the M1 after leaving Ripon Barracks for his Easter leave. He had been doing 81mph in a temporary 50mph roadworks zone at 1.30am in November 2011.
He asked for the decision to be reconsidered by UKBA officials refused to budge, prompting him to launch a Judicial Review.
In the High Court in London yesterday, Mrs Justice Lang ruled the Home Office decision ‘legally-flawed’ because it had not considered ‘all aspects’ of his character and background.
She said: ‘Plainly, criminal convictions are relevant to the assessment of character, but they are likely to vary greatly in significance, depending upon the nature of the offence and the length of time which has elapsed since its commission, as well as any pattern of repeat offending.

Claims: In a damning ruling, Mrs Justice Lang said the UK Border Agency had carried out an 'inadequate' assessment of the soldier's character and had merely resorted to 'inflexibly... ticking boxes on a form'

‘A policy on the way in which criminal convictions will normally be considered by caseworkers... should not be applied mechanistically and inflexibly.
‘There has to be a comprehensive assessment of each applicant’s character, as an individual, which involves an exercise of judgment, not just ticking boxes on a form.
‘This was not an adequate assessment of the claimant’s [Spr Hiri’s] character, as required by law.’

‘I’m just glad this is all over. I’m so happy. I still feel like an idiot that I put a lot of people in a difficult situation'

Sapper Poloko Hiri

Dr Hugh Milroy, chief executive of charity Veterans Aid, which campaigned for Spr Hiri, said: ‘If Poloko were good enough to carry a weapon for this country, then surely he is good enough to be a citizen.’
His former officer commanding, Major Chloe Plimmer, told the court that Spr Hiri was and ‘intelligent, motivated and hard-working soldier’ with an ‘exemplary record of conduct’.
She said: ‘To see that he has been denied British citizenship for what is deemed as “bad character” directly contradicts his performance as a serving soldier.
‘It appears that one moment’s act of misjudgment has defined and tarnished his otherwise good character. The offence was a foolish mistake but it is not a reflection of his character.'

DM