Judge backs Rudd’s decision to send US couple back home

A judge has up held Home Secretary Amber Rudd’ sdecision to send home an American couple who have invested more than £ 300,000 into the Scottish economy.

Lady Car michael ruled that the Conservative politi - cian did not act unlawfully when she ruled that Russell and Ellen Felber did not meet legal requirements to remain in Scotland.

Advocate Alan Caskie told judge Lady Carmichael in May 2017 that Ms Rudd should have allowed the New Yorkers to remain at their home in Inverness.

The Court of Session heard Mr Caskie argue yesterday thatthe couple, whorun a B& Bin the city, originally came to Scotland in 2011 on an entrepreneur visa.

The Felbers spent hundreds of thousands of pounds renovating a guest house in the city.

However,the court heard that the Home Secretary decided not to grant them indefinite leave to remain in the UK last year.

The politician made the decision after applying rules which were made in 2014 regarding the numbersof employees that people on entrepreneur visas had to employ.

The court heard the Home Secretary believed the Felbers had not created enough jobs during their time in Scotland.

Their lawyer argued that the Home Secretary should have appliedher discretion and allowed the Felbers to remain in Inverness.

Yesterday, Lady Carmichael issued a written judgement at the Court of Session in which she concluded that the Home Secretary acted correctly.

She wrote :“Itis normally out with 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.”

TheFelb ers spent £300,000 buying the award- winning Torridon guest housein the town in 2011. They are thought to have invested another £100,000 renovating the property, and their business has won awards.

In December 2016, the Fe lbers receiveda letter from the Home Office telling them they had 30 days to leave the UK.

The couple then instructed lawyers who went to the Court of Session in Edinburgh yesterday.

The Felbers came to Scotland in 2011 on a three- year visa which was extended by another two years.

The couple were advised that as part of their visa into the UK, the government required them to either employ two fulltime employees for 12 months or one employee for 24 months.

Lady Carmichael ruled in favour of the Home Secretary.