Family fights deportation
Reporter: BEATRIZ AYALA
Date published: 28 September 2010
Son overstayed visa to look after frail mum
A FAMILY is fighting the forced deportation of a man who has been caring for his frail elderly mother for four years.
Bangladesh-born Mohammed Ali Hossain (33), from Primrose Bank, came to Oldham in 2006 to care for his ill mother Habibun Nessa (70) who had her right leg amputated below the knee.
On August 12, the Home Office deported him after discovering he had overstayed his six-month family visa and three-month extension by three years.
However, a High Court Judge ordered him back to the UK by August 16 on compassionate grounds to look after his mother until the outcome of his appeal to stay in the country.
Mrs Nessa gained British Citizenship after marrying husband Ali Akbar, a former Oldham cotton mill and textile worker, and has lived in the borough for more than 30 years.
Following her husband’s death in 2001, Mrs Nessa lived with distant family friends but health complications meant she had to have her leg amputated. Solicitors representing the family are fighting to keep Mr Hossain in Oldham, claiming he has saved Oldham taxpayers thousands by single-handedly caring for her for years with only a daily visit by Social Services to deliver her medication.
Monira Hussain, from Maya Solicitors, Horsedge Street, said Mr Hossain has a genuine case to stay, even on a temporary admission basis and has lodged an appeal against his deportation with the High Court.
She said: “Mrs Nessa cannot walk, she is blind in her left eye, partially blind in her right and has serious heart problems.
“Her son does everything, he cleans her, cooks for her, takes her to hospital appointments in a taxi.
“Mr Hossain accepts he was wrong overstaying his visa and admits he didn’t contact the Home Office at the time, but he was so concerned with his mother’s ill health.”
Mrs Hussain, who said they were fighting the case for no financial gain, said a chance stop by police in August saw him served with removal papers and boarded on a plane to Bangladesh.
Following a last minute appeal to the High Court in Manchester, an injunction was served by Judge Pelling QC stating Mr Hossain be returned until the outcome of his case.
Mrs Hussain said: “Mrs Nessa has been through so much trauma since August that she suffered a minor stroke.
“She wants the community to see what she has been going through, and also wants to give heartfelt thanks to the High Court for bringing her son back until the matter is resolved.
“She is asking for permission for her son as principal carer to remain.
“This man has a genuine case, he will continue to look after her as he has been doing.
“There are people out there committing criminal offences but this young man is saving taxpayers’ money.
“This is a plea for common sense and sanity.”
A spokesman for the Home Office said they could not comment if there was an appeal outstanding.