Prime Minister David Cameron has made a public statement saying that the UK Border Agency (UKBA) will appeal against a ruling preventing the deportation of an asylum-seeker who left a girl dying under a car.
Immigration Minister Damian Green made the announcement hours after the prime minister expressed anger at the case.
Iraqi Kurd Aso Mohammed Ibrahim was jailed for four months after knocking down Amy Houston in Blackburn in 2003.
On Thursday, the 33-year-old was told he could remain in the UK as he had fathered children there.
Her father Paul Houston, from Darwen, told judges last month they had the power to bring his “seven years of hell to an end” by sending Ibrahim to Iraq.
But two senior immigration judges have now ruled he can remain in the UK
“Where are my human rights?” Paul Houston, victim’s father
The Upper Tribunal of the Immigration and Asylum Chamber, sitting in Manchester, heard Ibrahim had previous criminal convictions.
The 33-year-old, who did not hold a driving licence, was jailed for four months for driving while disqualified and failing to stop after an accident.
On his release he met a British woman and they had two children, Harry, four, and Zara, three.
He was due to be deported but won the right to stay in the UK in December 2009 after arguing that, because he now had two children since being freed from prison, he had a right to a family life under human rights law.
Two senior immigration judges have now rejected a final appeal by the UK Border Agency to have him deported.
Mr Houston said: “What are the judges saying here? They are saying it doesn’t matter what you do when you come here, who you kill, what laws you break, as long as you have a child here you can stay?
“You work hard, play by the rules, pay your taxes and this is how you get treated. What does that say about politicians, our leaders and the legal system? It’s a joke.”
He added: “This man is a criminal, do we have no say who we allow in this country?
“He’s not a life-saving surgeon or a Nobel prize winner. He was a criminal before, a criminal now and he will continue being a criminal.
“The Human Rights Act is for everybody, not just asylum-seekers and terrorists.
“How can he say he’s deprived of his right to a family life? The only person deprived of a family life is me. Amy was my only family.”
“They are obsessed with the rights of others from Pakistan, Afghanistan and Iraq. Where are my human rights?”
Source: BBC Click Here to See BBC video report.
Normally migrant workers and students seeking extensions or leave to remain would be refused even if they had committed a minor offence.
Immigration forms such as FLRO forms ask applicants questions such as:
Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you?
Even if you have answered ‘No’ to the above question you must answer the following questions:
Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?
In times of either peace or war have you or any dependants who are applying with you ever been involved, or suspected of involvement, in war crimes, crimes against humanity or genocide?
Have you or any dependants who are applying with you ever been involved in, supported or encouraged terrorist activities in any country?
Have you or any dependants who are applying with you ever been a member of, or given support to, an organisation which has been concerned in terrorism?
Have you or any dependants who are applying with you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to terrorist acts or other serious criminal acts?
Have you or any dependants who are applying with you ever engaged in any other activities which might indicate that you may not be considered to be persons of good character?
Potentially even a minor civil or criminal offence or County Court Judgment (CCJ) for an unpaid student or credit card debt could affect your application to extend your visa or remain permanently in the UK (Indefinite Leave to Remain).
In this case, however, lawyers have successfully argued deporting Ibrahim would deprive him of his ‘right to a family life’ under the Human Rights Act.
If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: