Solicitor takes on Burnley man's fight to stop children being deported to South Africa
10:00pm Tuesday 19th February 2013 in News By Kate Jackson, Reporter
A LEGAL battle to keep two South African children in Burnley has launched.
Solicitor Waseem Chowdhary, from Southerns Solicitors, in Nelson, has taken up the fight of Justin Tutt, after reading about his struggle in the Lancashire Telegraph.
Mr Chowdhary, a specialist in immigration law, who has waived hefty legal costs, said: ?After reading about his tragic plight we decided to contact Mr Tutt to see if we could help him on a pro bono basis.
?As we are unable to get the children British passports we have decided to apply for the children to have leave to remain in the UK on the grounds of human rights, stating exceptional and compassionate circumstances.
?I am fairly positive that they will get the outcome that they are hoping for.? Mr Chowdhary said he will apply for the children to have leave to remain in the UK on the grounds of human rights after initial attempts to get the children visas failed as Mr Tutt doesn?t earn enough, bringing home only ?120 a week.
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.
Mr Tutt, 29, brought his two children Seth, eight, and his five-year-old sister Leigh to his home in Briercliffe Road, Burnley, where he lives with fiancee Clare Miles, 29, her daughter Kaitlyn, seven, and their eight-month-old son Jake, after the sudden death of their mother Deirdre Tutt.
They face the prospect of deportation in five weeks when their holiday visa runs out.
Mr Tutt, who works in Burnley?s Walkabout bar and has lived in Burnley for five years, said: ?We are in the process of getting all the paper work sorted and hopefully the application will be sent off by the end of the week. We are so grateful that Waseem has offered to help us with the application, we now have the problem of finding the money to pay the Home Office if the application is successful.
?We have spent ?5,000 bringing the children here and now face more fees of around ?800 to pay for their application to remain here.
?Our friends have been fantastic, we have had lots donated including clothes and toys. The kids have started at St Mary?s RC School.
?They have been fantastic providing them with school uniforms, PE kits and swim wear for swimming lessons.?
Mr Tutt and his children are due to appear on ITV breakfast show Daybreak today.
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