A HIGHLAND MP has accused the immigration minister of being disrespectful to a family fighting deportation from the UK, after he failed to turn up when they gave evidence to the Home Affairs Select Committee.

Australians Kathryn and Gregg Brain moved to the Highland town of Dingwall with their son Lachlan, now seven, in 2011, but their hopes of a life in Scotland were hit after the withdrawal of a post-study work visa.

Their campaign to remain here has made headlines around the world and yesterday Gregg accused the Home Office of an “extraordinary breach of trust” by changing immigration rules after they were granted entry to the UK.

James Brokenshire, the immigration minister was not at the committee when the family gave their evidence, and Ian Blackford, the SNP MP for Ross, Skye and Lochaber, who has fought their case, told The National: “It might have been helpful if the minister had shown respect to the family given they had come down from the Highlands, by being there to hear their submission.

“It just confirms that the Government and this minister in particular is not listening to the legitimate demands that Kathryn should have reinstated what was promised, her post-study work visa.

“This crucially would give the family adequate time to satisfy the requirements for a Tier Two visa and fully satisfy Home Office requirements.

“With Westminster failing to act in the correct manner it demonstrates Scotland should have its own control over immigration requirements.”

Gregg and Lachlan came to Scotland as dependants of Kathryn, who was on a student visa when a two-year post study visa was in existence.

Gregg told the committee that Brokenshire had omitted one transaction when he gave a lengthy statement about the family’s case.

“He [Brokenshire] said three times that the announcement for discontinuing post-study work visa happened in March 2011 and we arrived in June 2011. One transaction he omitted was the one that would have completely undermined that argument was our visas had been applied for and granted in 2010 – the year before announcement was made.”

A day before the family were due to be deported on May 31 this year, Brokenshire gave them leave to remain in the country until August, but refused them the right to work.

Gregg said the family had not become aware of the changes to the rules until 2012 when the issue came up in the press, shortly before they came into effect.

He said: “With my knowledge of fundamental legislative principles from my Australian public service experience I was very quick to reassure my wife that it would not apply to us ... As a matter of natural justice it must surely only be being applied to people who arrive after the date of the discontinuation.”

Kathryn, who was studying on the visa, was faced with finding a job which meets the tougher Tier Two visa requirements, with a minimum salary threshold of £20,800.

She has been offered a job at the new GlenWyvis distillery in Dingwall, which would meet the requirements, and is awaiting the applications being processed.

“We just hope it all comes through by August 1,” she said.

Gregg added: “This has by necessity been a seven-year exercise in the planning and the execution.

“They [the Home Office] had to envisage that people would have to plan this far ahead to be able to successfully execute the programme that they provided.

“That is why I felt it was a rather extraordinary breach of trust when we had a letter from Mr Brokenshire which said... ‘applicants should never assume that provisions that are in place at the time of their entry to the UK will continue to be viable options in future years’.”

Brokenshire later gave evidence to MPs on the UK’s immigration plans following the vote to leave the European Union. Conservative committee chair Tim Loughton urged him to read the transcript of the Brains’ evidence.