Court date set to decide fate of Felbers
A COUPLE threatened with deportation to America will have their case heard at Scotland’s highest court in May.
Russell and Ellen Felber, who run an Inverness guest house, are pinning their hopes to remain in this country on a legal hearing at the Court of Session in Edinburgh.
Their plight has prompted a campaign supported by the Inverness Courier, along with hundreds of well wishers including First Minister Nicola Sturgeon. They sought a judicial review after the Home Office told them to leave the UK shortly before Christmas.
The hearing on May 4 will enable the Felbers, who will be represented by an advocate, to query the legality of the decision.
Damir Duheric, the couple’s solicitor and a specialist in immigration law, explained the purpose of a judicial review was to challenge a decision by a public authority where there was no statutory right of appeal – as in the Felbers’ case.
Mr Duheric, who is based in Edinburgh, did not know whether a decision would be forthcoming the same day as the hearing, or whether the outcome would be announced at a later date.
Mr and Mrs Felber, who run the Torridon Guest House in Kenneth Street, insist they have complied with the necessary conditions and that the Home Office moved the goalposts.
"We think we have the evidence for our case but it just depends how the court takes it," Mr Felber said.
He acknowledged the uncertainty over their future was taking its toll particularly on his wife’s health.
"We just have to take it day by day," he said. "The business is still operating and that keeps us busy. We have bookings right through the summer."
He also said they continued to receive backing from their many supporters. "People are always stopping me and asking how things are when I am out and about," he said.
The Felbers, who are originally from New York, used to visit the UK every year. After selling virtually all their possessions to follow their dreams, they moved to the Highlands in May 2011 to run a guest house.
They ploughed £400,000 into upgrading the Torridon – previously used as student accommodation – and now get glowing online reviews for their hospitality and standard of accommodation.
The couple also immersed themselves in the local community, Mr Felber, for example, joined the Tourism Business Improvement District (BID) for Inverness and Loch Ness, while Mrs Felber joined the bell-ringers at Inverness Cathedral and is a keyholder for the building. She has also learned Gaelic.
The couple came to the UK on a three-year entrepreneur visa which was later extended for another two years.
However, their application for permanent residency was refused in September due to an employment issue, despite the Felbers maintaining they met all the criteria when their two-year extension was granted.
There was further dismay when just before Christmas they were given 30 days to leave the UK.
Their case was taken up by Inverness MP Drew Hendry who discussed the couple’s case with UK immigration minister Robert Goodwill, although he later described the meeting as "disappointing" saying there was an unmoving response to accept that changes to Home Office guidance and application forms were made after the couple submitted their application.
He also delivered a petition, launched by the Courier, containing 1700 names to 10 Downing Street in a bid to stop the deportation.
Supporters included Angus Robertson, the SNP leader at Westminster and MP for neighbouring Moray, the Rt Rev Mark Strange, Bishop of Moray, Ross and Caithness for the Scottish Episcopal Church, and tourism leaders, as well as people from across the world.
Ms Sturgeon also wrote to the Home Office after being alerted to the case.
In a letter to Mr Hendry, she asked for her best wishes to be passed on to the couple and stated: "Pushing for an immigration system that recognises individual circumstances and provides a welcoming environment for new Scots and their families will remain a priority for this government."
