10 Dec 2012

Bus stabbing hero appeals UKBA deportation decision

A man who was repeatedly stabbed on a London bus after speaking out against a gang of thugs has launched an emotional appeal to the UK Border Agency not to deport him.

Bus stabbing hero appeals UKBA deportation decision

Tim Smits, 33, came to the UK in 2010 from Australia on the invitation of the British Council because of his exceptional artistic abilities, but when he was stabbed in the stomach and leg on a Hackney bus, his life began to fall apart.

Mr Smits has been hailed as a hero for taking a stand against an unruly group of teenagers who were abusing elderly passengers and nearly paying for it with his life.

His heroic stand earned him free tickets to the Olympics and an award from the Andrew Carnegie Hero trust fund, as well as an Islington Council good citizenship award. In the aftermath of the attack Mr Smits called for Londoners to stand together against violence.

He has spent a year recovering from severe physical and emotional trauma after the attack, and has had to relive the events of that day in court.

Visa extention denied

But just when he thought things were getting back on track he has been told to leave the country by UKBA. His appeal for a compassionate extension to his visa was denied in a ruling that claims his circumstances are not “compelling or compassionate”.

Mr Smits told Channel 4 News that he is simply seeking to have his visa extended by another year, so he can prove his contribution to British society and make up for the year he lost rebuilding his life.

I suffered very severe injuries, I was stabbed in the thigh and stomach, there was serious nerve damage. Tim Smits

“I have no regrets for even a second about speaking out on the bus that day. But the behaviour of the border agency has made me think twice about whether I want to stay here,” he explained.

“This is a hammer blow. I’ve lost a lot of sleep and I’m stressed. All I’m asking for is another year to rebuild my life and prove myself – I’m not asking for a passport.”

“My life was turned upside down over what happened, I’m slowly picking up the pieces in my work, finances, every single part of my life. I was making progress getting things back on track and then this happened.”

Bus stabbing hero appeals UKBA deportation decision

Mr Smit’s family travelled over from Melbourne last week for the first time since his attack, but because of the UKBA’s decision he was unable to join them on a trip to see his father’s home in Amsterdam.

When he first came to the UK he had intended to apply for a tier 1 visa – given to people with exceptional skills. As an award-winning graphic designer, he stood a good chance of a successfully application.

However, as he has not won any design awards in the 14 months since he was stabbed, he could now be ineligible for the category.

Vivid memory

Mr Smits still vividly remembers the moment he was stabbed and the mental trauma he endured for weeks after the attack but has forgiven his attackers.

“I suffered very severe injuries, I was stabbed in the thigh and stomach, there was serious nerve damage and it is very difficult to sit for too long,” he told Channel 4 News.

“There was blood everywhere, it was all so surreal. Luckily we were outside a fire station and paramedics were quickly on the scene. I was rushed to the emergency room and passed out.”

He explained that the perpetrators have since been jailed, but the build-up to the trial gave him panic attacks. In recent months he has been working with young people to get them to be more engaged in their communities but has had trouble getting back into his routine.

Ongoing proceedings

A spokesman for the Border Agency has confirmed that Mr Smits’ application was refused on October 11.

The Border Agency stated: “We had previously written to Mr Smits requesting details to support his application, however we did not receive a response. He has chosen to appeal against this decision and proceedings are ongoing.”

“All cases are dealt with individually on their merits but it is only right and fair that the rules apply to everyone.”

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