Appendix 4:
Memorandum submitted by Mr Clive
Betts
Mr Gasparo's Immigration Status
1. In response to the second aspect of my conduct
raised by the Commissioner I believe that my behaviour was not
inappropriate and that I have not breached the provisions of the
Code of Conduct.
2. My account of the circumstances relating to Mr
Gasparo's Immigration status are set out below. The documents
referred to by notation are attached at Appendix 2.
[5]
3. Mr Gasparo is a Brazilian national and when I
employed him was a legitimate temporary resident holding a student
visa, studying on an English course in London.
4. Mr Gasparo's English course was due to end in
March. He was looking to take a place on a new course on travel
and tourism. He was aware that if he were to continue studying
in England he would need a new student visa because his existing
visa was due to expire on February 19. It was therefore his intention
to take a short overseas break and apply for a new student visa
(as he was entitled to do) when returning through entry control.
I was also planning to take a holiday abroad so we agreed to go
together.
5. I made the travel and hotel arrangements for the
holiday. Mr Gasparo made arrangements relating to his need to
obtain a new visa on his return. In my capacity as his employer
I supplied him with a letter1 certifying that he had
employment and that he had a college place. In addition Mr Gasparo
asked me whether the production of evidence that the registration
fee of £50 had been paid for his new course would be sufficient
to support his visa application. I did not know the answer but
after my constituency assistant Steven Vincent (who did not know
either) made some general, non specific, enquiries2
he provided me with the relevant information3 which
is available to any member of the public. He also mentioned the
importance of producing original documents including bank statements.
However, Mr Gasparo was dismissive about this aspect and travelled
abroad without original documents or bank statements.
6. On the final day of the holiday in Venice Mr Gasparo
and I were "door stepped" by press photographers which
came as a great shock. My friendship with Mr Gasparo was likely
to be made public and my gay sexuality was likely to be "outed".
I was extremely distressed at the prospect of being "outed"
by the tabloid press. I had already arrived at the very difficult
decision to make public my sexual orientation but wished to control
how this was done as well as timing disclosure because of the
need to have discussions beforehand with family, friends, staff
and parliamentary colleagues.
7. Mr Gasparo was also very distraught about the
possibility of a story appearing in Brazilian newspapers and the
upset this would cause to his parents. He was additionally distressed
about the delay in him receiving a fax from the City of London
College confirming a reserved place on a course. He believed that
he needed to produce such a letter in support of his application
for a new visa.
8. The fax from the City of London college eventually
arrived, less than an hour before we were due to leave for the
airport. It contained the words:
"You may use this letter to process foreign
exchange. However, to obtain a student visa overseas students
will require the Certificate of Enrolment, which is issued on
receipt of the fees stated above in this letter".4
Mr Gasparo became very upset when he read this because
it was contrary to the advice I had received from my assistant.
Mr Gasparo wanted to remove these words from the fax. I told him
that this was unnecessary but he was determined and did so. He
would not leave for the airport without a copy of the amended
letter and pressurised me into doing so. Given the press attention,
we were under considerable emotional pressure but despite this
I successfully persuaded Mr Gasparo not to use the amended letter
because I knew that, not being an original, it would not be accepted.
9. However, contrary to what had been agreed, Mr
Gasparo produced the amended letter4 to
the Immigration Officer when we arrived at Stansted Airport. I
was very alarmed that he had produced the letter and explained
to the Immigration Officer that it was not an original document
and that it differed from the original. The Immigration Officer
was not interested in my explanation because she said that apart
from the letter not being an original, Mr Gasparo had not produced
bank statements or any other documentation to confirm financial
support. Nevertheless, she was willing to extend his existing
visa for two months, giving him time to produce the original documents
necessary in an application for a new student visa.
10. At immigration I did not represent myself as
a Member of Parliament. Indeed, throughout the whole episode,
I did not represent myself in acting in any official capacity
for Mr Gasparo. Further, I did not have any subsequent dealings
with the authorities about Mr Gasparo's immigration status.
List of documents appended to Mr Betts' memorandum:
1. Open letter from Mr Clive Betts, confirming Mr
Gasparo's employment, 10 February 2003.
2. Statement by Mr Steven Vincent, Assistant to Mr
Betts, regarding the events of 14 February 2003, 11 April 2003.
3. General information regarding student visas.
4. Letter of acceptance to Mr Jose Gasparo from City
of London College, 20 February 2003.
12 June 2003
5 See "List of documents appended to Mr Betts'
memorandum" and Appendix A, paragraph 9. Back
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