EXCLUSIVE: A lawyer revealed the likely visa consequences after several Argentinian players held a banner saying ‘The Falkland Islands are Argentine’
Bridget Phillipson calls on FIFA to take action against Argentina
A legal expert has revealed whether the Argentinian Premier League players involved in the lifting of a Falkland Islands banner on Wednesday could have their visas revoked, after sparking national outrage. Fans and political figures called for the visas of at least four players involved in the UK’s Premier League to be cancelled, after they were seen with a banner on the football pitch that read “Las Malvinas son Argentinas”, which translates to “The Falkland Islands are Argentine”, following England’s World Cup semi-final defeat in Atlanta.
Nile Gardiner, a former aide to Margaret Thatcher, who deployed Brits to retake the South Atlantic islands in 1982, said: “Every Argentine player in the English Premier League who took part in this ugly anti-British display should be stripped of their UK work visa. There should be zero tolerance for this.” One of many angry fans added: “I am deadly serious when I say any Argentina player who knew about the banner should have their visa revoked until they issue a full apology”.
Brits called for Argentinian players in Falklands stunt to have their visas revoked (Image: Getty)
Cristian Romero was among the players who held the banner (Image: Getty)
Manchester United defender, Lisandro Martinez, Chelsea’s Enzo Fernandez, and Tottenham defender, Cristian Romero were among the Argentinian players pictured holding the banner.
Former Spurs midfielder, Giovani Lo Celso, was also seen with the banner that referenced the 1982 conflict, in which 907 people died, including 649 Argentine soldiers, 255 British combatants and three civilians.
Now, Asma Bashir, immigration expert and co-founder of Centuro Global, who has worked in the legal services industry for decades, said the Home Office does have a broad legal power to cancel a person’s immigration permission where their presence is considered “not conducive to the public good”, which doesn’t have to constitute a criminal act, but there are limits.
‘Highly unlikely to be cancelled’
She said: “That power can take account of conduct outside the UK and does not require a criminal conviction. However, it is generally directed at serious conduct, such as extremism, threats to national security, serious criminality, incitement to violence or behaviour presenting a genuine threat to UK society. Any decision must be evidence-based, reasonable, proportionate and made separately for each individual.”
She added that against this legal threshold, “it is highly unlikely that displaying the ‘Falkland Islands are Argentine’ banner would, by itself, justify cancelling a Premier League player’s visa”.
Ms Bashir continued: “The statement is plainly provocative and politically sensitive, but it reflects Argentina’s established territorial position and does not, on its face, advocate violence, criminality or hatred.
“The law does not normally permit immigration powers to be used simply to punish a foreign national for expressing an unpopular or offensive political opinion.
“Cancellation on that basis alone would be vulnerable to challenge on proportionality and freedom-of-expression grounds.”
However, that position could change if there were additional evidence, for example, that an individual player had promoted violence, supported an extremist organisation, threatened the Falkland Islanders or engaged in a wider pattern of serious conduct.
“The Home Office would also need to establish precisely which player participated and what that individual intended; it could not lawfully treat all Argentine players alike merely because of their nationality or membership of the national team,” she added.
Lisandro Martinez was among the players involved (Image: Getty)
FIFA consequences ‘more realistic’
FIFA is under growing pressure to punish the team members involved for the display, given that the International Football Association Board (IFAB) and FIFA have specific rules against players participating in political messaging.
“Equipment must not have any political, religious or personal slogans, statements or images. Players must not reveal undergarments that show political, religious, personal slogans, statements or images, or advertising other than the manufacturer’s logo,” IFAB’s rulebook states.
“For any offense the player and/or the team will be sanctioned by the competition organizer, national football association or by FIFA.”
Ms Bashir said that FIFA or club disciplinary action “is considerably more realistic than Home Office cancellation”.
She said: “There could also be an indirect immigration consequence if a UK club dismissed a sponsored player and withdrew its sponsorship.
“In that situation, the Home Office could shorten the player’s permission because the sponsored employment had ended. That would be a consequence of the sponsorship ending, rather than the banner automatically constituting grounds for visa revocation.”