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Swindon man to give up residency battle
Arnel Cabrera
Arnel Cabrera

A Filipino man whose wife died after an NHS blunder said today he was on the point of giving up his fight to stay in Britain.

Before his wife Mayra's untimely death, Arnel Cabrera, 38, was permitted to stay in Britain on the basis that she was working as a theatre nurse - but when she died he was told by the Home Office he was no longer welcome.

The couple had planned to build a life for themselves in the UK. But after his wife's death, Mr Cabrera was allowed to stay only until the end of her inquest in February this year.

Mr Cabrera made an application for leave to remain in the UK shortly after the case, in which the jury found that his wife had been unlawfully killed when an epidural anaesthetic was mistakenly injected into her arm rather than the space of her spinal cord during child birth. The couple's son Zac, who survived, turns four this Sunday.

Mr Cabrera - said by his lawyer today to be "fed up of waiting" - said that he had yet to hear back from the Home Office.

He said he was giving immigration authorities until Wednesday before he flies home to the Philippines to see the son he desperately misses - and effectively gives up on his dream of living in Britain.

Mr Cabrera said in a statement: "I have been unable to return to the Philippines during this difficult period and I desperately miss my young son, Zachary. I have promised him a holiday on May 17 as a birthday treat which I am not prepared to cancel under any circumstances as I have missed his last three birthdays.

"I have therefore given the Home Office until the May 14 to make a decision on my application, failing which, I have asked them to return my passport. This I understand will be treated by the Home Office technically as a permanent withdrawal of my application, although my wish is only to be with my son at this very difficult time.

"I have requested that I be allowed to return to the UK after a short trip to the Philippines to see my son but I understand that this will not be allowed."

Mr Cabrera came to the UK in 2003, joining his wife Mayra, 30, here after she started work as a theatre nurse in 2002 at Great Western Hospital in Swindon.

He was granted leave to stay in the UK, provided his wife was working, until 2009, after which an application to stay indefinitely was expected to be a formality.

But on May 11 2004, moments after Mrs Cabrera had given birth, a midwife at the same hospital where she worked mistakenly hooked up a drip to her arm of Bupivacaine, a potent anaesthetic to be administered epidurally.

Mr Cabrera was subsequently informed after his wife's death that because she was no longer working in the UK that he could no longer stay here.

Mr Cabrera added: "It had always been Mayra's wish that the both of us should make a new life for ourselves in Swindon and to see our son grow up in this country. Sadly, due to a tragic error at our local hospital, Mayra was taken away from me. As well as losing a much-loved wife, I now face the strong possibility that I will also lose my adopted home too. I had hoped in light of the publicity surrounding my wife's inquest, that the Government would deal with my application promptly and show me compassion and understanding."

Mr Cabrera's lawyer Seamus Edney said the way his client has been treated by UK authorities was "appalling".

David Masters, the Wiltshire Coroner, who presided over Mrs Cabrera's inquest in Trowbridge, said today: "I remain sympathetic to Arnel's situation but I cannot make any further comment."

A spokesman for the Home Office said: "All applications for leave to enter or remain are carefully considered on their individual merits.

Someone can request their passport back and be given it back and that would not invalidate their claim. However, if they leave the country it would."

8:53am Friday 9th May 2008

Print   Email this   Comment
Posted by: helen, Athens greece on 7:47am Sun 11 May 08
Is this the compensation that Mr Cabrera receives for the UK killing his wife? He should be allowed to stay, instantly, and his son. Shame on the Home Office - let's look after Mr Cabrara, not persecute him.
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