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Boat race protester likely to win appeal to stay in UK (11 December 2013)

Date: 11/12/2013
Duncan Lewis, Immigration Solicitors, Boat race protester likely to win appeal to stay in UK

A protestor who interrupted the Oxford and Cambridge Boat Race in April 2012 is likely to win his appeal to stay in the UK. Trenton Oldfield’s lawyer told an Appeal Court in London that separating him from his wife and baby would be a “disproportionate punishment” for his actions.

Australian Oldfield served seven weeks of a six-month prison sentence for his actions, although students at Oxford and Cambridge universities supported him. Other supporters staged their own protest against a court’s refusal to allow him to stay in the UK on a spousal visa.

Mr Oldfield’s partner Deepa Naik, 36, is British – but he told the Appeal hearing that she did not want to live in Australia with him and their five-month-old daughter because some people of Indian background living there have been violently attacked. Mr Oldfield told the court he felt Australia was “racist”.

Mr Oldfield,37, has lived in the UK for 10 years but his request for a spousal visa was turned down after the Boat Race incident on the grounds his presence in the UK was not conducive to the public good. Mr Oldfield swam into the path of the Oxford and Cambridge race to protest against elitism and inequality.

At the time of his protest he had returned form India after spending time nursing Ms Naik’s father, who was dying with cancer. Mr Oldfield broke down in court and said:

“I think I was vulnerable in terms of realising how short life can be.”

Judge Kevin Moore told the Appeal hearing that he thought Oldfield was “of good character”.

“It would be my intention to allow the appeal,” he added.

The final ruling on Mr Oldfield’s appeal to stay in the UK will be made in 10 days.

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