Arnel Cabrera's dreams of bringing up his son in UK left in tatters
ARNEL Cabrera will not be able to fulfil his tragic wife's wish and bring up his son in Britain.
That was the decision of the Home Office who yesterday refused him permission to live in Swindon indefinitely.
His solicitor Seamus Edney, who represented Arnel throughout the medical negligence part of the case, said his client was "devastated" by the decision.
"It's another huge travesty of justice," he said.
"They don't think that there has been any breach of his human rights and they maintain he has not established a family life in this country.
"His dreams have been shattered."
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The 38-year-old Filipino's immigration status changed after his wife Mayra died in childbirth following a blunder at Swindon's Great Western Hospital on May 11 2004.
Just days ago, Arnel issued an ultimatum to the Home Office to force a definitive decision on his status, ahead his son Zac's fourth birthday on Sunday.
Arnel, who is living with friends in Eldene, but wants to continue to live in Swindon, set the Government a deadline of May 14.
But now he may be forced to leave the UK as early as next week.
Mr Edney said: "He was planning to make a life for himself in Swindon. This was where he wanted to make his home and bring up his son. This was what he wanted and what he'd been hoping for and it's just been dashed.
"It's appalling - I'm just lost for words."
This comes as another blow to Arnel after the tragic loss of his wife, who died giving birth to son Zac when an epidural anaesthetic was mistakenly injected in her arm rather then her spinal cord.
A jury returned a verdict of unlawful killing at the inquest in Trowbridge earlier this year.
Mr Edney added that the greater travesty was that Arnel and his wife Mayra had come here on the invitation of the Government to help the NHS after it recruited Mayra to work at the hospital in 2003.
On his wife's death Arnel's immigration status was changed and he has been fighting to stay in this country since.
"Quite clearly he is an innocent victim," said his solicitor.
"He'd like his son brought up in this country - those were what Mayra's wishes were."
Mr Edney said the team working with the immigration aspects of the case, is unlikely to make an appeal because it is not confident it can change the decision.
Anne Snelgrove, MP for South Swindon, expressed her disappointment at the decision, but felt Arnel's ultimatum and his unwillingness to bring his son to the UK had made it very difficult to argue his case.
"Everyone can sympathise with him," she said.
She had however spoken informally to several Home Office ministers on Tuesday on Arnel's behalf, but now believed there was little to be done to reverse his fate.
"He's a victim of others who have abused the system because the Home Office has to be 100 per cent certain," she added.
"I just wish him and his son well."
There is a petition online to help keep Arnel in the country. To sign it, click on the link below.
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