British Officials Hunt For Iraqi Kurd Unlawfully Deported To Iraq

The facts emerged at a High Court hearing in London where a senior judge also criticised the British government's method of deporting at short notice failed asylum seekers and other foreign nationals with no right to remain.

The practice forces costly emergency, late-night applications to judges for injunctions to block the deportation, said the judge, Justice Collins.

In the case of the Iraqi Kurd, referred to as "Mr A", the court was told how the 29-year-old had been forced on to a plane soon after midnight on November 20 at Stansted Airport, just northeast of London.

He was among a group of 15 Iraqi Kurds flown to Arbil in Iraqi Kurdistan after the whole country was declared safe for their return. An earlier attempt to fly out returnees failed in August after legal challenges were mounted.

Lawyer Clive Lewis, appearing for the Home Office, admitted there had been a breach of policy because Mr A had not been given removal directions in time for him to obtain legal advice.

The directions were not handed to the man because he was considered to be at risk of self-harm or suicide, said Lewis.

"A regrettable mistake was made, although for understandable, humanitarian reasons," he told the court.

Lewis added: "The Secretary of State (Home Secretary Charles Clarke) has decided that, since we did not follow the policy set out -- albeit for the best of motives -- we shall use our best endeavours to find him."

A Home Office spokesman later said that while authorities still thought the man had no right to remain in Britain, he should be allowed to seek legal advice before being removed.

The enforced repatriation came to light after Mr A's fiancee, a woman from Birmingham, central England, turned to the Refugee Legal Centre for help.

A British citizen, she met Mr A in January this year and started a relationship with him. They moved in together in October and planned to marry.

His plea to remain in the country on the basis of the relationship was rejected by Clarke on November 2.

Turning to the issue of short notice, late-night removals, Justice Collins said they wasted a large amount of public money and people's time.

"The Home Office must accept that in 99 cases out 100 the duty judge really has no option but to make an order staying a return until the matter can be brought to court," he said.

"The court is very concerned about this. This is happening far too often."

Seats had to be booked on planes and escorts provided so when flights were blocked by legal challenges there was "a huge waste of public money -- the unfortunate public is paying all ways round."

The spokesman said the Home Office had taken note of the judge's comments.

"We will consult with the courts as we always do in relation to any review of our practices," he said.