Man who left girl to die can stay in UK

A Government bid to deport a failed asylum seeker who killed a 12-year-old girl in a hit-and-run was rejected by the Court of Appeal today.

Aso Mohammed Ibrahim, 33, an Iraqi Kurd who was already banned from driving, left Amy Houston dying under the wheels of his car in Blackburn, Lancashire, in 2003.

He was jailed for four months over her death, but was allowed to remain in the UK on his release.

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Amy’s father, a 41-year-old engineer from Darwen, Lancashire, who has been campaigning for years to get Ibrahim deported, was present at the London courtroom today for the ruling given by Lord Justice Sullivan and Lord Justice Gross.

They rejected an application by the Home Office for permission to appeal against a decision in Ibrahim’s favour – made initially by an immigration judge and upheld on appeal last year.

Ibrahim, who had faced being removed from the UK as an illegal immigrant, was allowed to stay after an immigration judge ruled in 2009 that he had established a “family life” in this country.

When refusing permission to appeal the judges expressed their “greatest sympathy” for Amy’s family, but stressed that their only task was to decide whether there had been any error of law – and there had not been any error.

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After Lord Justice Sullivan gave his reasons for dismissing the application, Mr Houston asked from the public gallery: “My Lord, what about my right to a family life?”

Afterwards, Amy’s father, Paul Houston, said: “I am still waiting for an answer to the question. What about my rights to family life and Amy’s right to life?”

He added: “I’m disappointed with the outcome but I always expected it, to be honest.

“The judges had the opportunity to stand up for the hard-working people of this country, the people who pay their wages, and show the world and the country that the Human Rights Act isn’t just about asylum seekers, criminals and terrorists but the average man – but they let me down and didn’t do that.

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“If there’s a problem with the law, the law needs changing and the politicians have to start earning their money.

Immigration Minister Damian Green said after the ruling: “While we must accept the court’s decision, I have every sympathy with Mr Houston, who I know will feel angry and frustrated with this outcome.

“I will be raising the wider issues highlighted by this tragic case with the Justice Secretary for consideration by the commission on UK human rights law which the Government will be establishing later this year.”

Ibrahim entered the country illegally in 2001.

No steps were taken to remove him until 2008, six years after his failed appeal in 2002 against a decision that he had no right to stay in the UK. Ibrahim was convicted of a number of criminal offences in 2003/2006 and 2009.

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But because he had had two children with a UK citizen, removal from the UK would breach Article 8 of the European Convention on Human Rights which protects the right to a family life.

Gerard Clarke, counsel for the Home Secretary, told the appeal judges today that Ibrahim had acted “in a manner which shows disregard not only to immigration law but disregard to the criminal laws of this country”.