The UK's Ministry of Defense has rejected claims made by eight Fijian former Commonwealth soldiers. [File Photo]

The UK’s Ministry of Defense has rejected claims made by eight Fijian former Commonwealth soldiers.

The eight allege there was a systemic failure of a complex immigration system that has left them classified as illegal immigrants.

Lawyer Vinita Templeton representing the men says they received a response from the UK government last night to their pre-action protocol.

“You know the letter pretty much stated well you know, this is not a systemic breach, if anything, at most it’s maladministration and the assertion, in fact the main assertion made is that it’s an issue that, it’s not justiciable, meaning that it’s not something that should be brought to court.”

Despite this, Templeton says the legal team will now work on finalizing their judicial review case which will take some time given the number of other former Commonwealth soldiers that are now coming forward with similar issues.

“We are in a position now of preparing to issue judicial review. We remain committed to doing that in fact more committed than ever really and yes, that the next step.”

The group of Fijian soldiers all served in the British Army on tours in Iraq and Afghanistan for more than seven years before being discharged.

The UK MOD rules note that Commonwealth-born service personnel are eligible for indefinite leave to remain in the UK after being discharged if they have served four years.

The eight claimants say the army failed to inform them that they needed to make an immediate application to the Home Office for leave to remain in the UK on the discharge, despite a clear MOD requirement that the process should be explained to all non-British veterans in the period before they leave the army.

This is the first time legal action of this nature is being pursued and it’s been supported by a Non-Governmental Organization – Commonwealth Neglected Veterans which was set up last year in response to the growing concern.