Judge rules deportation of Afghan family illegal

A family of Afghan asylum-seekers deported to Germany after seeking sanctuary in a British mosque is likely to be returned to Britain following a High Court ruling that the Home Secretary acted illegally.

Yesterday's judgment is potentially a serious blow to David Blunkett's asylum policy. He said it could lead to long delays in dealing with asylum appeals.

Farid Ahmadi, 33, his wife Feriba, 25, and their two children, aged five and three, were forcibly flown back to Germany, where they had first claimed asylum, on a specially chartered military jet last month. Their supporters said yesterday that the family was desperate to return to the UK.

A High Court judge will decide later today whether the family should be returned to Britain to have its case heard, or whether it should remain in Germany where the case could be conducted via a video link. Mr Justice Scott Baker, who was sitting at the High Court in London, has already indicated that he is inclined to order the family's return.

The Ahmadis fled to Germany from Afghanistan in 2000, claiming they had been tortured by the Taliban regime. In June 2001, they came to Britain, complaining of racist treatment in Germany. Fearing they would be sent back to Germany, they sought sanctuary in a mosque in Lye, near Stourbridge in the West Midlands. Their plight received national attention last month when police in riot gear raided the mosque and detained them.

Their lawyers challenged the removal to Germany by arguing that the mental health of Mrs Ahmadi and her children would suffer if they were deported. But the Home Secretary declared that in the light of medical evidence they had "no arguable case" to stay in the country and that their challenge was "manifestly unfounded". Yesterday Mr Justice Scott Baker ruled that the family should have been allowed to remain while the Ahmadis challenged their removal. He said: "As a result of an unlawful act, this family were removed from this country when they should not have been."

Mr Blunkett reacted angrily yesterday and warned that the ruling would be exploited by "every illegal immigrant and failed asylum-seeker".

The High Court is due to decide today where the appeal will be heard. Lawyers for the Home Secretary will argue that the psychological damage suffered by the Ahmadis in Germany was limited and below the accepted threshold for cases to win asylum status in the UK.

Paul Rowlands, a campaigner for the family who is currently in Germany with the Ahmadis, said they wanted to return to Lye where they lived before their deportation. "The family are desperate to get back home and to get the children back to school. We are here to support them all the way," Mr Rowlands said.

A spokeswoman for Mr Blunkett said: "It is the Home Secretary's view that this will create such a precedent that every illegal immigrant and failed asylum-seeker will cite psychological damages to frustrate the proper operation of asylum laws." The Government would seek leave to appeal, she added.

Keith Best, the chief executive of the Immigration Advisory Service, said the decision could have a huge impact on Mr Blunkett's plans to reform the asylum system. The Nationality, Immigration and Asylum Bill proposes sending some unsuccessful asylum applicants to other countries and forcing them to conduct their appeals from there.