Filipino whose wife died after blunder by NHS to be deported
Saturday 10 May 2008
A man whose wife died as a result of an NHS blunder has lost his right to remain in Britain, in what a coroner described yesterday as an "extraordinary" decision.
Arnel Cabrera, 39, came to Britain from the Philippines in 2003 to join his wife, Mayra, a theatre nurse, who worked at the Great Western Hospital in Swindon.
But a year later, Mrs Cabrera died at the same hospital after she was given an epidural during the birth of the couple's child which was mistakenly injected into her arm. The baby survived.
An inquest returned a verdict of unlawful killing and found the NHS trust had been guilty of gross negligence. Now the Home Office has told Mr Cabrera he has failed in his bid to remain in the UK.
David Masters, the Wiltshire coroner who presided over the inquest, said yesterday: "This is extraordinary. In view of the verdict reached at the inquest I find it difficult to appreciate how the Home Office has reached this decision."
In its letter of refusal, the Home Office said Mr Cabrera had "not established a family life with his son in the United Kingdom". It added: "As his son remains in the Philippines there are no insurmountable obstacles to his family life being continued overseas."
Alex Rook, the solicitor who handled Mr Cabrera's immigration case, said: "This is an absolutely dreadful decision. If Arnel's wife had not been killed, the family would be living happily here. I will be writing to the relevant Home Office ministers asking them to reconsider their decision." He added: "His wife is killed by one part of the Government [the NHS], then Arnel is told by another part of the Government that he has to leave."
Mr Rook said Mr Cabrera had taken his son, Zac, to the Philippines to be looked after by family until the inquest and related legal proceedings had concluded in the UK, but it was always his intention to build a future in Britain.
Mr Cabrera's personal injury lawyer, Seamus Edney, also reacted with disgust. "I am staggered by this decision and embarrassed on behalf of our government," he said. "Arnel was permitted to reside in Britain on the basis that his wife was working – but when she is unlawfully killed by gross negligence by the NHS, he is told he is no longer welcome."
In a statement issued before Mr Cabrera lost his right to remain in the UK, he said he hoped the Government would show him "compassion". He added: "I have been unable to return to the Philippines during this difficult period and I desperately miss my young son, Zachary."
A spokesman for the Home Office said: "All applications for leave to enter or remain in the UK are carefully considered on their individual merits."
- 1 Florida man sentenced to two-and-a-half years for having sex on the beach in front of a child
- 2 Autistic teenager beaten up by bullies makes them watch 20-minute video about autism
- 3 Nick Kyrgios calls former Olympian Dawn Fraser a 'blatant racist' after she tells Wimbledon star to 'go back where their parents came from'
- 4 World learns of app that shows you who unfriended you on Facebook, app promptly crashes
- 5 Chris Moyles reportedly set to make radio comeback with new breakfast show on XFM
Florida man sentenced to two-and-a-half years for having sex on the beach in front of a child
Autistic teenager beaten up by bullies makes them watch 20-minute video about autism
Man who was struck and killed by lightning in Brecon Beacons 'was carrying a selfie stick'
Greece debt crisis as it happened: EU chiefs at loggerheads hours before Alexis Tsipras’s last ditch deal proposals
Bakery sends 'horrific' version of Frozen-themed birthday cake to unsuspecting customer
More Britons believe that multiculturalism makes the country worse - not better, says poll
Osborne to cap family benefits at £23,000 – announced ahead of his post-election Budget
Nathan Collier: Montana man inspired by same-sex marriage ruling requests right to wed two wives
Sickness and disability benefits could be reduced by £30 a week as part of £12bn welfare cuts
Greece debt crisis: Angela Merkel and Francois Hollande issue Athens with 24-hour ultimatum to avoid crashing out of the euro
Greece crisis: Referendum exposes a gaping hole at the heart of the European Union – its lack of genuine legitimacy
£23000 - £27000 per annum: Recruitment Genius: A Business Analyst is required ...
£16000 - £23000 per annum: Recruitment Genius: To succeed, you will need to ha...
£8 per hour: Recruitment Genius: This is an opportunity to join an award winni...
£7 - £9 per hour: Recruitment Genius: Are you outgoing? Do you want to work in...