Parents' fury as failed asylum seeker who killed 12-year-old girl in hit-and-run wins court bid to stay in Britain

An asylum seeker who ran over a girl of 12 and left her to die has won his appeal to stay in the UK after arguing his right to a family life.

Aso Mohammed Ibrahim, 32, was banned from driving and awaiting deportation when he ran away with Amy Houston trapped under the wheels of his car.

But the Iraqi Kurd, who was jailed for four months, used the European Human Rights Act to avoid being sent home because he has since had two children here.

Last night Amy's family condemned the decision and said Ibrahim had destroyed their own right to a family life.

Her father, Paul Houston, said: 'I know what it feels to have your family broken up, but the fact he has got to stay is an absolute travesty.

'They may as well give passports out in lucky bags because that is all they are worth. I cannot believe the judge's decision and that he thinks it is right for him to stay here. Is he on another planet?'

The 39-year-old engineer, from Darwen, Lancashire, added: 'If I thought he was genuinely sorry, I would have stood up in court and said I didn't want him to be taken away from his children.'

All Ibrahim's applications for asylum and citizenship had been rejected at the time of the accident.

But although he was technically awaiting deportation, he was not returned to Iraq because it was too dangerous. Just weeks before knocking down Amy outside her home in November 2003, Ibrahim had been banned for nine months for driving while disqualified and without insurance or a licence.

Amy, who lived with her mother Joanne Cocker, was trapped beneath the car but Ibrahim got out and ran off. A police officer drove her in an ambulance so both its paramedics could treat her, but despite their efforts she died in hospital later that day.

Ibrahim later went to a police station and confessed.

But after serving his sentence for failing to stop after an accident he met a British woman, Christina Richardson. They claim they had an Islamic marriage ceremony in Birmingham, but there is no documentary proof.

They now have two children, Harry, three, and Zara, two.

In 2006, Ibrahim was again convicted of driving while disqualified and given two-year supervision order and a three-year driving ban.

He was going through further processes to try to stay in the UK but again these were exhausted, and last year he was taken to a deportation centre pending a final appeal.

The hearing was held in Manchester last month where he argued he had a right to stay under provision in the European Human Rights Act for the right to a family life.

This week the decision was made to allow him to remain.

But Amy's father, who is being supported by his mother Margaret, remains defiant. Mr Houston said: 'I hope he doesn't celebrate too soon because this is not the end.

'I could sit here and think "Well, Amy's dead, she isn't going to come back" but I won't. I will fight this decision for the rest of my life - or until he leaves the country. I owe Amy that much.'
The Asylum and Immigration Tribunal said the reasons behind the judgment would not be made public. But Justice Secretary Jack Straw, who is Mr Houston's MP, said he was 'very disappointed' by the decision and would take the case to Home Secretary Alan Johnson to try to force an appeal.

Jo Liddy, regional director of the UK Border Agency in the North West, said: 'We are extremely disappointed. We have made it clear that we will prioritise the removal of those foreign nationals who present the most risk of harm to the public.'

Road safety groups campaigned for years for stiffer penalties to be introduced for killer drivers.
In 2007, the Government introduced longer prison sentences for people causing death while driving a car while disqualified or without valid insurance.