UK Home Secretary David Blunkett's decision to deport an Afghan family who took refuge in a West Midlands mosque was "unlawful", a High Court judge has ruled.

Farid and Feriba Ahmadi and their two children were deported to Germany last month after police raided the mosque in Lye, near Stourbridge, where they had sought sanctuary.

Mr Justice Scott Baker ruled the family should have been allowed to stay in the UK to challenge the decision on human rights grounds.

He adjourned the case until Thursday, saying he was inclined to order their return so the case could be heard.

This will create such a precedent that every illegal immigrant and failed asylum seeker will cite psychological damages

Home Office spokeswoman

The government intends to appeal against Wednesday's decision, said a Home Office spokeswoman.

The ruling means the family can appeal against their deportation.

"As a result of an unlawful act, this family were removed from this country when they should not have been," the judge ruled.

The family should have been able to argue that the mental health of Mrs Ahmadi and her five-year-old daughter, Hadia, and three-year-old son, Seera, would suffer if they were sent back to Germany, he said.

The secretary of state had been wrong to rule, in the light of medical evidence of their mental sufferings, that they had "no arguable case" and their challenge was "manifestly unfounded", he ruled.

The hearing had been told the home secretary had "broken the rules" in a rush to deport the family.

David Pannick QC, representing the Ahmadis, said the case should gone before an independent adjudicator who would have considered the family's wellbeing.

No residency status

Mr Pannick said the home secretary had fought off an eleventh-hour court action to block their removal by relying on "plainly erroneous" statements.

The home secretary had stated the family had been granted residence in Germany.

Concern was raised for the children's welfare

But they had only been granted "tolerated status", which meant they had temporary protection from being returned to Afghanistan but had to live in a residential centre.

The judge said the medical evidence "emphasises the care that is required in this type of case to ensure that the secretary of state makes any decision on a sound basis of fact".

A Home Office spokeswoman said: "We are disappointed with the judgment.

"This will create such a precedent that every illegal immigrant and failed asylum seeker will cite psychological damages to frustrate the proper operation of asylum laws."

The Ahmadis fled Afghanistan in 2000, claiming they had been tortured and persecuted by the Taleban regime.

After seven months in Germany, where they claimed to have suffered racism and bigotry, they came to Britain.

But the Home Office refused them permission to stay, saying they should seek refuge in the last safe country they had entered.

Video link

A campaigner for the Ahmadis, Paul Rowlands, who is currently in Germany with them, said the family was keenly awaiting Thursday's developments and wanted to return to the UK.

He said: "Farid and Fariba are very happy from what they have heard so far from the court, but don't want to say too much at this stage.

"The family are desperate to get back home and to get the children back to school."

Philip Havers QC, for the Home Secretary, has suggested they should stay in Germany and conduct a challenge by video link, with the Home Office giving them all the assistance they needed to present their case.