An American couple will keep fighting to stay in their Highland home after a judge upheld a Home Office decision to deport them.
Inverness guest house owners Russell and Ellen Felbers’ solicitor, Damir Duheric, said they are considering challenging the Court of Session’s decision through their Inner House, as well as writing to Home Secretary Amber Rudd.
The case could end up in The European Court of Human Rights in Strasbourg if these paths reach a dead end.
Mr Duheric said: “The fight continues one way or another. We have to bear in mind that this is wrapped up in the politics of immigration.
“But this couple have invested a lot of money and are part of the community. We will push it as far as we can. We will probably ask for the local community and the local member of Parliament for support.”
The Felbers moved to Scotland in 2011 with a three-year “entrepreneur visa” which was extended by two years.
They invested £400,000 in buying and refurbishing the Kenneth Street premises, which has received rave reviews and awards.
The New Yorkers had employed one person full-time there – but a rule change in 2014 meant they had not been employing enough people.
The new rules were devised after a decision was made to extend the Felbers’ visas.
And when they tried to apply for leave to remain in the UK in early 2016, the Home Office refused to grant their application – and a letter sent to them last December said they had 30 days to leave the country.
The Felbers’ case went to the Court of Session heard in May, with the couple maintaining they had always followed their visa requirements.
However last Thursday, Lady Carmichael issued a written judgment which said Home Secretary Amber Rudd did not act unlawfully when when she ruled that they had not met the legal requirements to remain in Scotland.
Mr Duheric added: “The pain is that the rules change all the time and they moved the goalposts. Unfortunately, sometimes they do apply the rules retrospectively (such as in this case).”
Inverness MP Drew Hendry has been backing the couple’s fight over the past few months.
Yesterday he said: “This decision is simply a symptom of a rigid and ideologically driven immigration regime, that certainly does not serve the values or needs of my constituents, nor those of Scotland.
“The Felbers, like the Zielsdorfs before them, came to the Highlands to contribute to our community, to invest their money and make our home, their home.
“UK Government Ministers should hang their heads in shame at this decision which once again shows just how little they understand of the Highlands and the importance of migration to our area.”
A Home Office spokesman said it would be inappropriate to comment during the Felbers’ 21-day appeal period.
