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Petition after man's deportation Deportation dispute man leaves UK
(about 3 hours later)
More than 120 people have signed a petition calling on the Home Office to allow a Filipino man to stay in the UK. Campaigners for a Filipino man who lost his fight to stay in the UK after his wife died are hoping to persuade the Home Office to look again at his case.
Arnel Cabrera's wife Mayra died after being given an epidural in the arm rather than the spine during childbirth in May 2004. Arnel Cabrera's wife Mayra, 30, suffered a heart attack after being given an epidural drug in the arm during childbirth in May 2004.
The 38-year-old was permitted to live in Swindon because his wife worked as a theatre nurse, but after her death he lost his right to stay in the UK. The 38-year-old was only permitted to live in Swindon because his wife worked as a nurse.
Mr Cabrera's solicitor said he left the UK from Heathrow Airport on Tuesday. Solicitor Seamus Edney said Mr Cabrera left the country on Tuesday.
Mr Edney, principal of S J Edney, a personal injury law firm in Swindon, set up the online petition calling on the Home Office to review its decision. Mr Edney, who is now is now petitioning the Home Office to reverse its decision, added: "He just decided that enough was enough."
"This petition is a final attempt to persuade the Home Office to look favourably on another application by Arnel made from the Philippines," he said. Mr Cabrera can re-apply from the Philippines to live in the UK, although Mr Edney said this was unlikely to be successful unless the Home Office could be shown there was strong localised support.
'Unlawfully killed' "At the moment, he wants to go home and spend time with his boy," he added. "He feels very let down."
Labour MP for South Swindon, Anne Snelgrove, is also involved in case and recently met officials from the Home Office.
"The Home Office is still looking at the case of Mr Cabrera," her spokesman said.
Mr Cabrera was told he could no longer stay in the UK after his wife's death
Last Friday, the Home Office confirmed it had refused his application to stay.Last Friday, the Home Office confirmed it had refused his application to stay.
An inquest in February ruled Mrs Cabrera died unlawfully as a result of the actions of the hospital.An inquest in February ruled Mrs Cabrera died unlawfully as a result of the actions of the hospital.
The inquest jury also said the Swindon and Marlborough NHS Trust was guilty of gross negligence which led to the death.The inquest jury also said the Swindon and Marlborough NHS Trust was guilty of gross negligence which led to the death.
Mr Cabrera came to the UK in 2003 after his theatre nurse wife was recruited by the NHS to work at Great Western Hospital in Swindon.Mr Cabrera came to the UK in 2003 after his theatre nurse wife was recruited by the NHS to work at Great Western Hospital in Swindon.
But on 11 May 2004, she died at the same hospital when the potent epidural anaesthetic Bupivacaine was mistakenly injected into her arm rather than her spinal cord, as she was giving birth to the couple's son Zachary. But on 11 May 2004, she died at the same hospital when the epidural anaesthetic Bupivacaine was mistakenly injected into her arm.
Mr Cabrera was told he could no longer stay in the UK after his wife's death
The health trust admitted liability for the error as soon as it realised what had happened.The health trust admitted liability for the error as soon as it realised what had happened.
Mr Cabrera's letter of refusal from the Home Office's UK Border Agency said: "It is considered that [Mr Cabrera] has not established a family life with his son in the United Kingdom. Mr Cabrera has been fighting a deportation order since her death and had sent his son Zachary back to the Philippines as the inquest and legal proceedings took place.
"As his son [Zachary] remains in the Philippines there are no insurmountable obstacles to his family life being continued overseas."
Mr Cabrera has been fighting a deportation order since her death, and had sent his son Zachary back to the Philippines as the inquest and legal proceedings took place.
In a statement, he said: "I have been unable to return to the Philippines during this difficult period and I desperately miss my young son, Zachary."In a statement, he said: "I have been unable to return to the Philippines during this difficult period and I desperately miss my young son, Zachary."
After Mr Cabrera was informed that he could not stay in the UK, a spokesman for the Home Office said: "All applications for leave to enter or remain are carefully considered on their individual merits."