Right to Family Life
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Right to Family Life
Married couple being separated unlawfully
Eric Michael Setaro, South African born and his wife Sue Setaro, a British citizen.
On The 28th December 2017 Eric was taken into custody and still is detained by the UK government being held in a detention center outside Oxford (Sue lives in Birmingham). They have been married for almost 30 years and have both lived in South Africa and England for several years. Eric lived in England from 1999 – 2006 on an Ancestral Visa and was granted Leave to Remain in 2003. He and Sue needed to return to South Africa to care for Sue’s elderly mother. Unfortunately, due to this, Eric lost his status of Indefinite Leave to Remain. In 2011 Eric and Sue were attacked in South Africa at which point they were almost murdered. It was at this point they both decided to return to England as they no longer felt safe in South Africa. They wanted to leave immediately however, Eric was partially paralyzed due to the attack and needed rehabilitation. In addition to this, they were vital witnesses for the prosecution and needed to stay for the duration of the court case to ensure the serial perpetrator was convicted.
In 2013 Eric and Sue came to England for Eric’s son’s wedding and Eric did so on a temporary visa with every intention of returning to South Africa to finalize their move to England. In this time, Eric had been diagnosed with a strangulated hernia, which needed immediate medical attention. Unfortunately, due to his paralysis he was unable to feel the extent to which his hernia had progressed. His operation was postponed which therefore caused his visa to expire. Eric and Sue had approached the Home Office regarding this matter due to their concern of Eric’s status. They were given incorrect information informing them that they had nothing to worry about as Eric was regarded as non-status and that he was not in England Illegally. Since early 2014, Eric and Sue have been applying to reinstate his visa but have been denied on numerous occasions including their appeals costing them £5,000.
Eric’s first application for a FLR visa (Further Leave to Remain) was declined due to not having sufficient financial evidence which was Sue’s PIP (Personal Independence Payment). They appealed this decision and were denied a second time as the judge had stated their situation had not changed (this was proved however ignored by the same judge). One of the judge’s reasons was because he believed Eric would be a drain on society (he paid the Health Surcharge twice). Eric wants to work but they will not allow him. Eric and Sue appealed a second time and were denied again quoting Eric was in the UK illegally and therefore cannot stay. Eric was told he needs to attend periodic meetings at the Home Office, which he did.
On the 28th December 2017 he was unexpectedly told he was being detained and he was transported to the detention center and has been there ever since. The judicial decision says there is no reason they both cannot go back and live in South Africa however, ever since their ordeal, Sue has suffered PTSD and therefore cannot live there.
Eric and Sue are each other’s support network, Sue helps Eric physically and Eric helps Sue emotionally. Their only option is to live in the UK. Eric has limited support in South Africa and Sue relies heavily on Eric due to her mental and emotional needs. Eric has every right to live in the UK through ancestry and they have done everything possible to enable him to stay however, the authorities are not taking their extenuating circumstances in to consideration.
Eric’s only son and granddaughter live in England and sending him back to South Africa will be separating him from the little close family he has.
His case has now in the process of a Judicial review so please help us to get them to be able to stay together and sign this petition to get their cause heard.
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