Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether approval orders for breath test measuring devices are statutory instruments, subordinate to primary legislation.
Answered by Brandon Lewis
Approval orders are made under powers conferred by the section 7(1)(a) of the Road Traffic Act (1988) to approve a type of a device to analyse specimens of breath. Approval orders for breath test instruments are not statutory instruments.
The Road Traffic Offenders Act (1988) makes the results of such tests (obtained from an approved device) admissible in evidence in court. It has a sound legal basis and has legal effect. It extends and applies to England, Wales and Scotland. The admissibility of such evidence is a long established principle and one which the courts deal with on a daily basis.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many foreign nationals who were granted student visas before the removal of the post-study work visa are still accredited as students in the UK.
Answered by James Brokenshire
This information is not readily available. Providing the information requested would incur a disproportionate cost.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, for what reasons people who have leave to remain in the UK while seeking permanent residence do not have the right to work.
Answered by James Brokenshire
Those with temporary leave to remain keep the conditions of that leave, including any associated work rights, until a new application is decided.
Those whose leave to remain has already expired do not have permission to work and must normally make an application to regularise their stay within 28 days.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will grant the Brain family residing in Dingwell, Scotland leave to appeal the decision to deport them from the UK whilst remaining domiciled in the UK; and if she will take steps to permit members of that family to maintain their employment until that appeal has been decided.
Answered by James Brokenshire
We do not routinely comment publicly on individual immigration cases and have written to the Honourable Member on 12 April 2016.