Michael Gove urged to let family remain in UK

An Australian father fighting deportation has called on the UK Justice secretary Michael Gove to allow his family to remain in the UK.

The call came after the Tory leadership contender said that he sympathised with their case before the EU referendum.

Gregg Brain, who moved from Australia to Dingwall in the Highlands with wife Kathryn and son Lachlan, now seven, in 2011, gave evidence to the Commons Scottish Affairs committee about their experience with the UK immigration system.

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Their case has been raised by Scottish Government ministers, but powers over immigration are held by Westminster.

Mr Brain and his son came to Scotland as dependants of Mrs Brain, who was on a student visa at a time when a two-year post-study visa was in existence but it was later abolished.

They hoped a job offer made to Mrs Brain by GlenWyvis distillery in Dingwall would meet visa requirements and allow them to stay.

They have since been told they can remain in the UK until August but are not allowed to work.

Ahead of the EU referendum, Gove cited the "unfortunate situation" of the Brain family as an example of "the way in which the law operates as a result of our membership of the EU".

Gove, who was born in Scotland but is the MP for Surrey Heath, is standing in the Tory leadership contest to succeed David Cameron.

The Tory minister had said that quitting the EU would help avoid similar situations to that facing the Brain family arising in the future.

Mr Brain, speaking after the Scottish Affairs committee meeting, said that Gove should use his powers over immigration rules as Justice Secretary and Lord Chancellor to allow the family to remain in the UK.

He said: "Gove was saying that we would benefit from a post-Brexit immigration policy, in as much as immigration policy would in some degree be devolved to Scotland and some regional aspect would be applied.

"But any restrictions that are being placed on our stay at the moment aren't coming from Brussels or Holyrood - they're coming from Westminster.

"Mr Gove, as Justice Minister and Lord Chancellor, is actually one of three people who could decree at the stroke of pen to allow us to stay if he chooses.

"Since we are now in that Brexit scenario, I would certainly like to ask Mr Gove to back his sentiments with actions."