A FAILED asylum-seeker who left a 12-year-old girl to die in the road today won the right to remain in the country, sparking outrage.

An appeal by the UK Border Agency for the deportation of 32-year-old Aso Mohammed Ibrahim was rejected by an Asylum and Immigration Tribunal.

He will now be allowed to live in the UK permanently.

Paul Houston, of Argyle Street, Darwen, said he was 'sickened to the stomach', but has vowed to keep on fighting for justice for his daughter Amy.

Former Justice Secretary and Blackburn MP Jack Straw said the decision was 'an open invitation to men subject to deportation to create a family in the UK'.

And Rossendale and Darwen MP Jake Berry slammed it as 'an offence to natural justice'.

Last month the Border Agency challenged immigration judge John McClure’s decision to allow Ibrahim to stay in the UK on account of him now having two children and a long-term partner in Britain.

It was argued that there was insufficient evidence to say he was a 'significant' part of his children’s lives; that insufficient weight had been put on his criminal history; and the judge had misapplied the law.

But today, senior immigration judges Clive Lane and Deborah Taylor said the original decision should stand.

The judges conceded that the outcome might have been different if the process to remove Ibrahim had begun before he had children.

Amy was hit by Ibrahim’s Rover car as she crossed the road in Highercroft, Blackburn, in November 2003.

At that time he had already exhausted all means of appeal to stay in this country.

He was driving while disqualified and without insurance and ran away without trying to help Amy.

Mr Houston, 41, an engineer, had to make the decision to switch off her life-support machine later in hospital.

A medical condition means he cannot have any more children.

He said: “I’m very disappointed, but not at all surprised.

"This is how our courts are. They’re not at all interested in the likes of me.

“The truth is that nobody has given me an answer as to why his human rights come before mine.

“He is allowed to stay and have a family life, while my daughter, my family, has gone.

“It’s important that people know this is not about the colour of his skin, but about him being a criminal."

He added that his faith in politicians had now been crushed but he vowed to carry on his fight in a higher court.

Since arriving in the UK in 2001 from Iraq, Ibrahim has been convicted for driving while twice disqualified and uninsured, possession of cannabis, burglary and theft, harassment, damage to property and harassment.

He served four months in prison for Amy’s death.

At last month’s tribunal, Mr Houston was not allowed to address senior immigration judges after being told his view 'wouldn’t count' in the decision.

Today’s determination by immigration judges said the judge was 'entitled to find that family life had been established' between Ibrahim and his children and that there was 'no doubt that he did give appropriate weight' to his criminality. It said there had been no misapplication of law.

Ibrahim's lawyers argued that his human rights would be impinged if he was sent back to Iraq.

MP Jack Straw had asked then Home Secretary Alan Johnson to force the Border Agency appeal.

Mr Straw said: “It is very disappointing to hear the appeal has been rejected.

“I will be speaking to Home Secretary Theresa May so see if there is a point of law we can challenge this on, or even change the law, because this is an open invitation to men subject to deportation to create a family in the UK.”

Jake Berry slammed the decision as 'crackers' and 'an offence to natural justice'.

He said: “I think it’s absolutely correct that the highest court in the land should have a chance to hear this case.

“I have also written to the Home Secretary to see if they can call it into their department and I’m waiting to hear back.”

The regional director of the UK Border Agency in the North West, Jo Liddy, said they were also disappointed, adding: "He was convicted of committing an offence that led to the tragic death of a twelve year old child and it is our view that he should be removed.

“We would like to express our deepest sympathy to the family of the victim.”