Brain Family: Deportation

Ian Blackford Excerpts

Thursday 26th May 2016 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

Urgent Question: Mòran taing agus madhainn mhath, Mr Speaker. To ask the Secretary of State for the Home Department if she will make a statement on the impending deportation of the Brain family from Dingwall.

[The Minister for Immigration (James Brokenshire)]

By convention, Ministers do not usually comment on individual immigration cases on the Floor of the House. However, I am happy to waive that convention today to properly address the question raised by the hon. Member for Ross, Skye and Lochaber (Ian Blackford).

Kathryn Brain came to the UK in 2011 on a tier 4 visa, which expired in May last year, with her husband and son listed as her dependants. On 25 May last year, Kathryn Brain applied for leave to remain under tier 4 of the points-based system, again with Mr Brain and her son listed as dependants. In June, this was granted to December last year. In December, an application was made for leave to remain under article 8 of the European convention on human rights—the right to a family life—which in March was refused with an out-of-country right of appeal.

In this time it has of course been open to the family to make a tier 2 skilled work application under the points-based system. On 12 April, I exceptionally extended the 28-day grace period after their leave expired, during which a valid tier 2 application could be made, to 11 May. Upon hearing that Mr Brain had submitted a job application with an appropriate employer, I subsequently extended the grace period further on 28 April to the end of this month. We have not yet received an application from the Brain family for leave to remain under the points-based system, but we will consider any application that they make. I am meeting the hon. Member for Ross, Skye and Lochaber again this afternoon, but he can be assured that the family do not face an imminent risk of immediate deportation.

More broadly, it is important to recognise the UK’s excellent post-study offer. There is no limit on the number of international graduates who can remain in the UK to take up graduate-level work, provided that they secure a graduate job paying an appropriate salary. Since 2010, visa applications from international students to study at Scottish universities are up 9%. I look forward to meeting the hon. Gentleman again later today to discuss the matter further.

[Ian Blackford]

I am grateful to the Minister for his response, although I must say that the question was to the Home Secretary. After all, it was the Home Secretary who briefed the Chancellor when he responded to my right hon. Friend the Member for Moray (Angus Robertson) at Prime Minister’s questions yesterday.

The family came to this country under the fresh talent initiative that was put in place by the previous Labour Administration in Edinburgh, with the support of the Home Office, for students studying at Scottish universities, who would then qualify for the post-study work visa. That was the commitment that this Government made to those coming to Scotland in 2011. In this case, the Government have taken retrospective action to deny the rights that this family would have been granted under that legislation. It is a breach of trust and of faith from this Government.

I want to help the Minister. The number of people who came under the fresh talent initiative has now dwindled to virtually zero. We are asking the Government to recognise the commitment that the family have made to the highlands and to Scotland. I look specifically to seven-year-old Lachlan, who is in Gaelic medium education in the highlands. He reads and writes in Gaelic, not English. He speaks English, but it is a different thing to be able to be educated in a different language. The thought of deporting that young boy back to Australia, where he will be two years behind his peer group, is shameful. That is where the human rights aspect comes in.

I can tell the Minister today that Kathryn Brain has now been offered a job at the new GlenWyvis distillery in Dingwall. It is a start-up business that will offer a job and prosperity not only to Kathryn, but to others. We need to recognise that the family should be given the right to stay today. Give them the time to qualify for the tier 2 visa. Show some compassion and humanity. All of us should be judged on our actions. For goodness’ sake, Minister, do the right thing today.

[James Brokenshire]

I have met the hon. Gentleman to discuss this case previously. He says that I should show compassion and humanity, but he will know that I have already exercised discretion not once but twice in this case on the basis of representations he has made on the family’s behalf. I obviously listened carefully to what he said, and I look forward to meeting him later to hear more about the details that he has relayed to the House this morning and to reflect further on his representations.

I want to correct slightly some of the facts that the hon. Gentleman has presented. He said that the family came here under the fresh talent scheme, which closed in 2008 and was replaced by the post-study work scheme under tier 1. The latter scheme was closed by the coalition Government and that announcement was made on 21 March 2011. From the information that I have, the Brain family arrived in the UK on 14 June 2011. There are clear issues to consider about post-study work opportunities and moving from the tier 4 study route into tier 2. I was pleased to note in the latest figures that I have seen that around 6,000 people did that in the last year for which information is available.

It is important that the Scottish Government continue to play their part in creating an enterprise economy, using their powers to create jobs and opportunities for the hon. Gentleman’s constituents and to provide a route for people who study at our universities to get graduate-level employment. The previous arrangements simply did not work. They allowed abuse to take place and resulted in people moving into low-skilled employment, not reflecting the education that they obtained. However, I wish to reflect further on the comments that the hon. Gentleman has made to me today, and I look forward to meeting him later.