Burnley dad's battle to prevent his children being deported

10:29am Thursday 14th February 2013 in News Photograph of the Author By Kate Jackson, Reporter

Justin with son Seth and daughter Leigh Justin with son Seth and daughter Leigh

A DAD is fighting to stop his children from being deported from Burnley to South Africa.

Justin Tutt, 29, fears his children Seth, eight, and Leigh, five, could be ‘raped or killed’ if they are sent back to their native country where they will be put into care.

They are living with him in Briercliffe Road but only have five weeks before their holiday visa runs out.

He brought them over from Kimberley where they were living with their grandparents in a residential home after their mother Deirdre committed suicide last May.

But they now face going into care as staying at their grandparent's home was only a short-term measure.

Mr Tutt has spent seven months trying to find a way for his children to live with him as he has been told that they would not be granted a visa.

New rules introduced by the Government in July state that people living in this country must be earning £22,400 plus £2,400 for each additional child before dependants can enter the country.

In desperation Mr Tutt, who lives in Briercliffe Road with his partner Clare Miles, 29, her daughter Kaitlyn, seven, and their eight-month-old son Jake, flew out to South Africa to bring them over on a three-month holiday visa.

He said: “I have tried every way possible to get the children visas to live in England but there seems to be no way round it. I was born in South Africa but my mother is English. I do not earn a lot of money but I am settled in England and I want my children here. I have tried to do everything by the book but did not know what else I could do.

“It is ridiculous that I just want to have my children here safe with me and yet i’m being told that they aren’t allowed to and that they will be put into care. All my family live in England, I have no one there and no life there. All I want to do is keep my family here safe and together.

“I was told by a social worker in South Africa that if they get put into care they could be raped or killed because one in five white children in care are. No parent in their right mind would let their children be taken away and placed in danger.

“I have had no other option but to bring them here to England, and I will not be letting them return to South Africa.”

The children are due to fly back on March 21 but Mr Tutt says that he will do everything in his power to keep the children with him.

Mr Tutt, who works in Burnley’s Walkabout bar and has lived in Burnley for five years, said he had called the UK Border Agency more than 95 times in just a month in the hope of getting help and spoken to 25 lawyers who have all be unable to offer him any way around the situation.

He has approached Burnley MP Gordon Birtwistle for help and has even written to the Prime Minister.

The children have been enrolled at St Mary’s RC School, Burnley, and they are happy and settled since their move, he said.

He added: ”I haven’t told the children that they could face being sent back to South Africa.

"They have had enough to contend with in the past year. I think it would be ten times harder for them to be moved back now they have started school and are settled here, it would be heart breaking for us all.“ Mr Tutt says that he has not only faced an enormous struggle trying to get his children back from South Africa, having spent more than £5,000 and is now heavily in debt because of the cost of legal fees and flights.

Mr Birtwistle said: “I have had a number of meetings with him about the visas. It seems ridiculous that these little children can’t just live with their father in the UK who will care for them. We will be working hard to do everything in our power to stop these two young children being forced to go back to a country where they could face rape and child abuse."

MEP Sajjad Karim’s office have also contacted Mr Tutt to offer him advice about proceeding with attempts to get visas for the children.

Comments (23)

10:39am Thu 14 Feb 13

Excluded again says...

People wanted tougher immigration controls. So the government introduced tougher immigration controls. So things like this are bound to happen.
People wanted tougher immigration controls. So the government introduced tougher immigration controls. So things like this are bound to happen. Excluded again

11:07am Thu 14 Feb 13

A Darener says...

UK border agency.....Human rights applications

Claiming asylum

This page explains how we may allow you to stay in the UK temporarily for humanitarian reasons.

The UK adheres to the European Convention on Human Rights, which prevents us from sending anyone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment.

If you do not qualify for recognition as a refugee but we think there are humanitarian reasons why we should let you stay in the UK, we may give you temporary permission to stay here.

In 2006, 9 per cent of people who applied for asylum did not qualify for refugee status but were given temporary permission to stay for humanitarian or other reasons.


Perhaps this act could be used?
UK border agency.....Human rights applications Claiming asylum This page explains how we may allow you to stay in the UK temporarily for humanitarian reasons. The UK adheres to the European Convention on Human Rights, which prevents us from sending anyone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment. If you do not qualify for recognition as a refugee but we think there are humanitarian reasons why we should let you stay in the UK, we may give you temporary permission to stay here. In 2006, 9 per cent of people who applied for asylum did not qualify for refugee status but were given temporary permission to stay for humanitarian or other reasons. Perhaps this act could be used? A Darener

12:22pm Thu 14 Feb 13

midas says...

Why don't they live with his parents in South Africa rather than being put into care?
Why don't they live with his parents in South Africa rather than being put into care? midas

12:24pm Thu 14 Feb 13

mavrick says...

It does highlight the problems of tougher immigration control. However I would suggest common sense does not seem to have prevailed in this case.
It does highlight the problems of tougher immigration control. However I would suggest common sense does not seem to have prevailed in this case. mavrick

12:30pm Thu 14 Feb 13

A Darener says...

midas wrote:
Why don't they live with his parents in South Africa rather than being put into care?
"But they now face going into care as staying at their grandparent's home was only a short-term measure."

Presumably they are not capable of looking after the children. Illness, old age?
[quote][p][bold]midas[/bold] wrote: Why don't they live with his parents in South Africa rather than being put into care?[/p][/quote]"But they now face going into care as staying at their grandparent's home was only a short-term measure." Presumably they are not capable of looking after the children. Illness, old age? A Darener

12:49pm Thu 14 Feb 13

bikerjohn_uk says...

Am I missing something here? He's been here for five years, and has no good reason for being here other than "he's settled here"? Why hasn't he applied for British citizenship in that time? The answer here is very simple - if the children are to be sent back to South Africa, then surely he should go with them, especially if he doesn't want them put into care!! And why didn't he check that they could stay BEFORE he brought them here instead of having them issued with 3-month visas? What did he expect would happen when the visas ran out? Sorry, no sympathy. If he cares for them as much as he professes he would have done the groundwork, crossed every "t" and dotted every "i" before they came to the UK.
Am I missing something here? He's been here for five years, and has no good reason for being here other than "he's settled here"? Why hasn't he applied for British citizenship in that time? The answer here is very simple - if the children are to be sent back to South Africa, then surely he should go with them, especially if he doesn't want them put into care!! And why didn't he check that they could stay BEFORE he brought them here instead of having them issued with 3-month visas? What did he expect would happen when the visas ran out? Sorry, no sympathy. If he cares for them as much as he professes he would have done the groundwork, crossed every "t" and dotted every "i" before they came to the UK. bikerjohn_uk

12:52pm Thu 14 Feb 13

Rumpole says...

Take the kids to Romania, claim citizenship there then apply for a visa to come and live in Britain!
Take the kids to Romania, claim citizenship there then apply for a visa to come and live in Britain! Rumpole

12:52pm Thu 14 Feb 13

bikerjohn_uk says...

A Darener wrote:
UK border agency.....Human rights applications

Claiming asylum

This page explains how we may allow you to stay in the UK temporarily for humanitarian reasons.

The UK adheres to the European Convention on Human Rights, which prevents us from sending anyone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment.

If you do not qualify for recognition as a refugee but we think there are humanitarian reasons why we should let you stay in the UK, we may give you temporary permission to stay here.

In 2006, 9 per cent of people who applied for asylum did not qualify for refugee status but were given temporary permission to stay for humanitarian or other reasons.


Perhaps this act could be used?
Completely out of context. The children are no political refugees, nor did they come here under duress. If you enter any country of your own volition with a visitors visa, it is implied that you are willing to return to your country of origin. Applying for asylum in retrospect isn't a valid get-out either.
[quote][p][bold]A Darener[/bold] wrote: UK border agency.....Human rights applications Claiming asylum This page explains how we may allow you to stay in the UK temporarily for humanitarian reasons. The UK adheres to the European Convention on Human Rights, which prevents us from sending anyone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment. If you do not qualify for recognition as a refugee but we think there are humanitarian reasons why we should let you stay in the UK, we may give you temporary permission to stay here. In 2006, 9 per cent of people who applied for asylum did not qualify for refugee status but were given temporary permission to stay for humanitarian or other reasons. Perhaps this act could be used?[/p][/quote]Completely out of context. The children are no political refugees, nor did they come here under duress. If you enter any country of your own volition with a visitors visa, it is implied that you are willing to return to your country of origin. Applying for asylum in retrospect isn't a valid get-out either. bikerjohn_uk

12:57pm Thu 14 Feb 13

A Darener says...

bikerjohn_uk wrote:
A Darener wrote:
UK border agency.....Human rights applications

Claiming asylum

This page explains how we may allow you to stay in the UK temporarily for humanitarian reasons.

The UK adheres to the European Convention on Human Rights, which prevents us from sending anyone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment.

If you do not qualify for recognition as a refugee but we think there are humanitarian reasons why we should let you stay in the UK, we may give you temporary permission to stay here.

In 2006, 9 per cent of people who applied for asylum did not qualify for refugee status but were given temporary permission to stay for humanitarian or other reasons.


Perhaps this act could be used?
Completely out of context. The children are no political refugees, nor did they come here under duress. If you enter any country of your own volition with a visitors visa, it is implied that you are willing to return to your country of origin. Applying for asylum in retrospect isn't a valid get-out either.
This page explains how we may allow you to stay in the UK temporarily for humanitarian reasons.
HUMANITARIAN REASONS!


Plonker!
[quote][p][bold]bikerjohn_uk[/bold] wrote: [quote][p][bold]A Darener[/bold] wrote: UK border agency.....Human rights applications Claiming asylum This page explains how we may allow you to stay in the UK temporarily for humanitarian reasons. The UK adheres to the European Convention on Human Rights, which prevents us from sending anyone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment. If you do not qualify for recognition as a refugee but we think there are humanitarian reasons why we should let you stay in the UK, we may give you temporary permission to stay here. In 2006, 9 per cent of people who applied for asylum did not qualify for refugee status but were given temporary permission to stay for humanitarian or other reasons. Perhaps this act could be used?[/p][/quote]Completely out of context. The children are no political refugees, nor did they come here under duress. If you enter any country of your own volition with a visitors visa, it is implied that you are willing to return to your country of origin. Applying for asylum in retrospect isn't a valid get-out either.[/p][/quote]This page explains how we may allow you to stay in the UK temporarily for humanitarian reasons. HUMANITARIAN REASONS! Plonker! A Darener

2:26pm Thu 14 Feb 13

midas says...

A Darener wrote:
midas wrote: Why don't they live with his parents in South Africa rather than being put into care?
"But they now face going into care as staying at their grandparent's home was only a short-term measure." Presumably they are not capable of looking after the children. Illness, old age?
I t6hought that it was the mothers grandparents that they had been staying with, not his, but you are right its not ideal.
[quote][p][bold]A Darener[/bold] wrote: [quote][p][bold]midas[/bold] wrote: Why don't they live with his parents in South Africa rather than being put into care?[/p][/quote]"But they now face going into care as staying at their grandparent's home was only a short-term measure." Presumably they are not capable of looking after the children. Illness, old age?[/p][/quote]I t6hought that it was the mothers grandparents that they had been staying with, not his, but you are right its not ideal. midas

3:46pm Thu 14 Feb 13

Ian123xyz says...

If they were of the age of criminal responsibility and committed a serious crime/s they would no doubt be allowed to stay here. Especially if they said they were in a "relationship".
If they were of the age of criminal responsibility and committed a serious crime/s they would no doubt be allowed to stay here. Especially if they said they were in a "relationship". Ian123xyz

5:05pm Thu 14 Feb 13

Steve4x4 says...

Is a shame but you is white mate innit, you would be better to convert to Islam and try again.
Is a shame but you is white mate innit, you would be better to convert to Islam and try again. Steve4x4

5:07pm Thu 14 Feb 13

sen c b l says...

Steve4x4 wrote:
Is a shame but you is white mate innit, you would be better to convert to Islam and try again.
In another words, a failure!
[quote][p][bold]Steve4x4[/bold] wrote: Is a shame but you is white mate innit, you would be better to convert to Islam and try again.[/p][/quote]In another words, a failure! sen c b l

6:58pm Thu 14 Feb 13

clare19832012 says...

Excluded again wrote:
People wanted tougher immigration controls. So the government introduced tougher immigration controls. So things like this are bound to happen.
He is a british citizen as is his mother the chikdrens mother has passed away so surely his kids should be with there father not grandparents who are at the age where they cant surport 2 young children and live in a third world country where they woukd have to pay for medical schools ect. Its not there responsibility is it now
[quote][p][bold]Excluded again[/bold] wrote: People wanted tougher immigration controls. So the government introduced tougher immigration controls. So things like this are bound to happen.[/p][/quote]He is a british citizen as is his mother the chikdrens mother has passed away so surely his kids should be with there father not grandparents who are at the age where they cant surport 2 young children and live in a third world country where they woukd have to pay for medical schools ect. Its not there responsibility is it now clare19832012

7:04pm Thu 14 Feb 13

clare19832012 says...

bikerjohn_uk wrote:
Am I missing something here? He's been here for five years, and has no good reason for being here other than "he's settled here"? Why hasn't he applied for British citizenship in that time? The answer here is very simple - if the children are to be sent back to South Africa, then surely he should go with them, especially if he doesn't want them put into care!! And why didn't he check that they could stay BEFORE he brought them here instead of having them issued with 3-month visas? What did he expect would happen when the visas ran out? Sorry, no sympathy. If he cares for them as much as he professes he would have done the groundwork, crossed every "t" and dotted every "i" before they came to the UK.
He did cross his his t and i before he went and got his children thank you thats why we are now fighting to get british citizenship as he is a british citizen they have no one in sa to look after them and they have every right to be with there dad no matter what country there from
[quote][p][bold]bikerjohn_uk[/bold] wrote: Am I missing something here? He's been here for five years, and has no good reason for being here other than "he's settled here"? Why hasn't he applied for British citizenship in that time? The answer here is very simple - if the children are to be sent back to South Africa, then surely he should go with them, especially if he doesn't want them put into care!! And why didn't he check that they could stay BEFORE he brought them here instead of having them issued with 3-month visas? What did he expect would happen when the visas ran out? Sorry, no sympathy. If he cares for them as much as he professes he would have done the groundwork, crossed every "t" and dotted every "i" before they came to the UK.[/p][/quote]He did cross his his t and i before he went and got his children thank you thats why we are now fighting to get british citizenship as he is a british citizen they have no one in sa to look after them and they have every right to be with there dad no matter what country there from clare19832012

7:04pm Thu 14 Feb 13

clare19832012 says...

bikerjohn_uk wrote:
Am I missing something here? He's been here for five years, and has no good reason for being here other than "he's settled here"? Why hasn't he applied for British citizenship in that time? The answer here is very simple - if the children are to be sent back to South Africa, then surely he should go with them, especially if he doesn't want them put into care!! And why didn't he check that they could stay BEFORE he brought them here instead of having them issued with 3-month visas? What did he expect would happen when the visas ran out? Sorry, no sympathy. If he cares for them as much as he professes he would have done the groundwork, crossed every "t" and dotted every "i" before they came to the UK.
He did cross his his t and i before he went and got his children thank you thats why we are now fighting to get british citizenship as he is a british citizen they have no one in sa to look after them and they have every right to be with there dad no matter what country there from
[quote][p][bold]bikerjohn_uk[/bold] wrote: Am I missing something here? He's been here for five years, and has no good reason for being here other than "he's settled here"? Why hasn't he applied for British citizenship in that time? The answer here is very simple - if the children are to be sent back to South Africa, then surely he should go with them, especially if he doesn't want them put into care!! And why didn't he check that they could stay BEFORE he brought them here instead of having them issued with 3-month visas? What did he expect would happen when the visas ran out? Sorry, no sympathy. If he cares for them as much as he professes he would have done the groundwork, crossed every "t" and dotted every "i" before they came to the UK.[/p][/quote]He did cross his his t and i before he went and got his children thank you thats why we are now fighting to get british citizenship as he is a british citizen they have no one in sa to look after them and they have every right to be with there dad no matter what country there from clare19832012

7:12pm Thu 14 Feb 13

katypri says...

we allow every man and his aunt in our country, but 2 innocent children have to go back, but go back to no mother or father, where is the logic of that when they have a dad here, have a heart, no immigration hasnt been made harder or we wouldnt have another 50,000 more like 150,000 coming in at the end of the year
we allow every man and his aunt in our country, but 2 innocent children have to go back, but go back to no mother or father, where is the logic of that when they have a dad here, have a heart, no immigration hasnt been made harder or we wouldnt have another 50,000 more like 150,000 coming in at the end of the year katypri

7:21pm Thu 14 Feb 13

Philena. says...

clare19832012 wrote:
bikerjohn_uk wrote:
Am I missing something here? He's been here for five years, and has no good reason for being here other than "he's settled here"? Why hasn't he applied for British citizenship in that time? The answer here is very simple - if the children are to be sent back to South Africa, then surely he should go with them, especially if he doesn't want them put into care!! And why didn't he check that they could stay BEFORE he brought them here instead of having them issued with 3-month visas? What did he expect would happen when the visas ran out? Sorry, no sympathy. If he cares for them as much as he professes he would have done the groundwork, crossed every "t" and dotted every "i" before they came to the UK.
He did cross his his t and i before he went and got his children thank you thats why we are now fighting to get british citizenship as he is a british citizen they have no one in sa to look after them and they have every right to be with there dad no matter what country there from
He brought them here because that was the only option for them! Stop being so narrow minded and think what the children are going through!! Doesn't matter how long there father has been here or reasons for him not living in Africa!! The point is the children need help and stability and somewhere safe to live, does every child not deserve that? he eorks and oays taxes he dies not and has not lived off government hand outs, unlike othere immigrants who come here purely to live off the state, not someone getting on their high horse!! Try asking all the true facts before commenting so negatively.
[quote][p][bold]clare19832012[/bold] wrote: [quote][p][bold]bikerjohn_uk[/bold] wrote: Am I missing something here? He's been here for five years, and has no good reason for being here other than "he's settled here"? Why hasn't he applied for British citizenship in that time? The answer here is very simple - if the children are to be sent back to South Africa, then surely he should go with them, especially if he doesn't want them put into care!! And why didn't he check that they could stay BEFORE he brought them here instead of having them issued with 3-month visas? What did he expect would happen when the visas ran out? Sorry, no sympathy. If he cares for them as much as he professes he would have done the groundwork, crossed every "t" and dotted every "i" before they came to the UK.[/p][/quote]He did cross his his t and i before he went and got his children thank you thats why we are now fighting to get british citizenship as he is a british citizen they have no one in sa to look after them and they have every right to be with there dad no matter what country there from[/p][/quote]He brought them here because that was the only option for them! Stop being so narrow minded and think what the children are going through!! Doesn't matter how long there father has been here or reasons for him not living in Africa!! The point is the children need help and stability and somewhere safe to live, does every child not deserve that? he eorks and oays taxes he dies not and has not lived off government hand outs, unlike othere immigrants who come here purely to live off the state, not someone getting on their high horse!! Try asking all the true facts before commenting so negatively. Philena.

8:21pm Thu 14 Feb 13

chocky says...

Wrong colour to be granted asylum,,,
Wrong colour to be granted asylum,,, chocky

8:59pm Thu 14 Feb 13

Fire Fly says...

When this chap was born in SA he would have been issued a South African passport. He would have been refused a British one...I can't remember if that was at Britians insistence or SA's (apartheid related).

My cousin is 30, born in SA to British parents (who had lived there for 5 years) & was refused a British passport even though the family were in the process of moving back to England

Apologies, I can't quite recall the facts now but it was a major issue at the time as travel was restricted for those holding SA passports.

Hope everything turns out well for the family.
When this chap was born in SA he would have been issued a South African passport. He would have been refused a British one...I can't remember if that was at Britians insistence or SA's (apartheid related). My cousin is 30, born in SA to British parents (who had lived there for 5 years) & was refused a British passport even though the family were in the process of moving back to England Apologies, I can't quite recall the facts now but it was a major issue at the time as travel was restricted for those holding SA passports. Hope everything turns out well for the family. Fire Fly

9:36pm Thu 14 Feb 13

clare19832012 says...

Fire Fly wrote:
When this chap was born in SA he would have been issued a South African passport. He would have been refused a British one...I can't remember if that was at Britians insistence or SA's (apartheid related).

My cousin is 30, born in SA to British parents (who had lived there for 5 years) & was refused a British passport even though the family were in the process of moving back to England

Apologies, I can't quite recall the facts now but it was a major issue at the time as travel was restricted for those holding SA passports.

Hope everything turns out well for the family.
He has a british passport coz he has dual nationality as his mum is british I hope all works out as well these kids have been through enough all they want is to be with there father because he is all they have left
[quote][p][bold]Fire Fly[/bold] wrote: When this chap was born in SA he would have been issued a South African passport. He would have been refused a British one...I can't remember if that was at Britians insistence or SA's (apartheid related). My cousin is 30, born in SA to British parents (who had lived there for 5 years) & was refused a British passport even though the family were in the process of moving back to England Apologies, I can't quite recall the facts now but it was a major issue at the time as travel was restricted for those holding SA passports. Hope everything turns out well for the family.[/p][/quote]He has a british passport coz he has dual nationality as his mum is british I hope all works out as well these kids have been through enough all they want is to be with there father because he is all they have left clare19832012

11:40pm Thu 14 Feb 13

useyourhead says...

I would far rather these two young innocents are allowed to stay than the likes of Abu Hamza or Aso Mohammed Ibrahim!
I would far rather these two young innocents are allowed to stay than the likes of Abu Hamza or Aso Mohammed Ibrahim! useyourhead

6:59am Fri 15 Feb 13

jack daniels says...

useyourhead wrote:
I would far rather these two young innocents are allowed to stay than the likes of Abu Hamza or Aso Mohammed Ibrahim!
Indeed. Get rid of them and give someone else a chance. I'd rather have these 2 kids and that lass that was shot in the head by the Taliban than those ungrateful sh!ts
[quote][p][bold]useyourhead[/bold] wrote: I would far rather these two young innocents are allowed to stay than the likes of Abu Hamza or Aso Mohammed Ibrahim![/p][/quote]Indeed. Get rid of them and give someone else a chance. I'd rather have these 2 kids and that lass that was shot in the head by the Taliban than those ungrateful sh!ts jack daniels

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