Thames boat race protester asks tribunal to overturn deportation

http://www.theguardian.com/world/2013/dec/09/thames-boat-race-protester-asks-tribunal-to-overturn-deportation

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Trenton Oldfield, the Australian convicted of public nuisance for his disruption of the 2012 Oxford-Cambridge men’s boat race, faces a London tribunal on Monday to fight an order demanding his deportation. If his bid fails, the Sydney-born man will be forcibly returned to Australia.

Oldfield, 37, served 46 nights of a six-month sentence in Wormwood Scrubs prison for donning a wetsuit and swimming in the boats’ course as a protest against entrenched elitism in Britain. He learned of the removal order in June of this year when his application for a spousal visa, lodged in May 2012, was rejected.

His wife, Deepa Naik, 36, and their infant daughter are both British citizens. “We have appealed,” he says. “They have to hear our first appeal.”

A former pupil at the elite private school Shore in Sydney, Oldfield left aged 16 and completed his HSC at Bradfield College, objecting to what he recalls as exceptionalism “systematically applied and encouraged through almost every element of school life.”

His schoolmate William Manning remembers that before shunning the system, Oldfield aspired to be a standout part of it, representing the school in competitive rowing. “He either realised there was no opportunity for him to stand out in the elite set, or as he would put it, he saw the problems inherent in elitism,” Manning says. “Since then he has in his own way worked to argue against elitism while establishing himself as the author of what he considers to be his own movement.”

Oldfield left Australia in 2001 – also a form of protest. “I was living in someone else’s land,” he says. “I was an active agent of the European colonisation and genocide of [Australia’s] first people.” This understanding “… provided the lens to look at everything else.”

As a European, Oldfield believed he should return to Europe. “I was hesitant returning to the UK as I saw it as the colonial command centre. However, within hours of arriving [in London] I was head over heels,” he says.

Scores of letters of support will be submitted on Monday, stressing Oldfield’s positive contribution to British life through the years he has resided there, including volunteer work with the Red Cross Refugee Centre in London and his degree in contemporary urbanism at the London School of Economics.

Naik and Oldfield have founded two non-profit organisations aiming to address inequalities in urban conditions. With a determined eye on a future in the UK, he is concerned by what “not conducive to public good” – the reason for the removal order – may mean for their projects. “It’s quite a problematic thing to be labeled as,” he says.

A judge will hear Oldfield’s appeal and if it is rejected, he will be ordered to return to Australia. How does this possibility make him feel? “Australia is not an option,” he insists. “Due to the everyday racism that exists, it is not a place for my child or my wife. The only option is to win our appeal.”

Immigration law specialist Stephanie Harrison QC is representing Oldfield at the tribunal, where supporters have been invited to gather at 9:15am. She has stated previously that there is no precedent for the extremity of the action taken against her client: “In 20 years, I’ve never seen a case of someone with a six-month conviction for a public order offence being tested over the ‘public good’.”

She referenced article eight of the European convention on human rights which supports the right to family life – in this case of two British citizens – one of whom was unborn when the offence took place.

Oldfield says that his wife has been deeply affected by the increased pressures resulting from his protest 20 months ago. “Prison and the threat of deportation has brought a great amount of stress and anxiety,” Oldfield says. “I am deeply concerned about the weight loss, the hair loss and the pain it’s bringing her.” The couple’s focus on his appeal has meant turning their attention from their businesses and as a result, their income has dwindled.

Their daughter was born in June. “Becoming a father has been like winning the lottery … full of joy, excitement and possibility,” Oldfield says. “Before the deportation notice arrived I was writing a long letter to our daughter explaining our concern for her and for her generation … I was essentially mapping all the social and democratic rights being taken away from her, that we have had the benefit of.”

Faced with the prospect of deportation, Oldfield is determined to maintain an optimistic outlook on his future. “Deepa and I have a saying,” he says, “'Let’s not worry until we need to worry’. Not just about this, but with everything.”

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