U.S. couple devastated as they are told they cannot stay in country
A Court of Session judge yesterday upheld Home Secretary Amber Rudd’s decision to deport Russell and Ellen Felber who have invested more than £300,000 in their Kenneth Street business.
Mrs Felber (53) screamed in anguish when the Courier told them their court petition had been dismissed, and Mr Felber (59) said he would be contacting his lawyer.
It was unclear how long the Felbers would be given to leave the country, as the Courier went to press.
Judge Lady Carmichael found that the Home Secretary didn’t act unlawfully when she ruled that the Felbers did not meet legal requirements to remain.
Inverness MP Drew Hendry backed the couple’s fight and delivered a support petition with about 1700 names to 10 Downing Street in January.
Mr Hendry said: “This is utterly devastating news which will be very upsetting to Russell and Ellen, who have made Inverness their home and have added so much value to our community.
“It is nothing short of disgusting that the UK government’s rigid and ideologically driven immigration regime, would force a couple from their home, for no other reasons than a technicality on a form.
“I will be in touch with the couple over the next few days to see if there is anything else my office and I can do to assist them.”
The couple insist they have complied with visa conditions but the Home Office moved the goalposts.
In court, advocate Alan Caskie told Lady Carmichael that Ms Rudd should have exercised discretion.
He said that the couple originally came to Scotland in 2011 on an entrepreneur visa but the Home Secretary decided last year not to grant them indefinite leave to remain in the UK because she believed that the Felbers had not created enough jobs.
The government required them to either have two full-time employees for 12 months or one employee for 24 months.
The Felbers chose to employ one person for 24 months and were granted a two-year extension to their original three-year visa.
However, when the couple applied for leave to remain in early 2016, the Home Office turned them down, arguing they needed to have employed more people to be eligible.
The court heard that the Home Office in November 2014 changed the rules on the numbers of people that those on entrepreneur visas should employ – after a decision had been made to extend the Felbers’ visas.
Lady Carmichael stated in a written judgement: “It is normally outwith the proper scope of judicial review for the court to tell a public authority how it should exercise its discretion.
“While there may be cases where there could only be one possible outcome in the lawful exercise of discretion – this is not such a case.”