Boy's deportation 'disgraceful'

Lawyers for the government say Jacqui Smith acted within her powers

A High Court judge has ordered the home secretary to bring back an Iraqi boy seized at his London home in a pre-dawn raid and deported.

The 15-year-old asylum seeker was sent to Austria after immigration officials visited his foster carer's home last month in Richmond, south-west London.

The judge condemned as "arguably disgraceful" the way officials failed to give warning of the boy's removal.

But officials said they feared Richmond social services would tip the boy off.

'On the streets'

Mr Justice Collins said: "That is a disgraceful approach. I find no possible justification for that."

He added: "To bundle someone out - a vulnerable minor - by going round without any warning at four o'clock in the morning is, I think, arguably disgraceful."

Lawyers for the boy, known as J for legal reasons, say he was held at a police station for a night on his return to Austria but was then "on the streets" for three days.

He was then taken in by a charity and has since remained in hostel accommodation suitable for adults.

Home Office immigration officials went to his carer's home in May, but J was not there which led them to treat him as an absconder.

'Humanitarian reasons'

Representing the home secretary, Rory Dunlop said: "There was a reasonable suspicion that social services would let slip that information to the claimant as that was why he was not (at his carer's home) on the previous occasion."

But Mr Justice Collins said J's whereabouts were known by social services at "all material times."

The teenager arrived in the UK unaccompanied in December 2006 after first being smuggled into Austria.

Austrian authorities accepted they were legally responsible for determining his case, but asked the home secretary to take J back in view of his rights to have his private and family life respected under the European Convention on Human Rights.

The home secretary declined the request.

The judge said he hoped the boy would be back with his foster carer by Christmas.