AN ASYLUM seeker with a fake passport has been jailed after luring a 15-year-old girl to a hotel for sex – but he cannot be deported by a judge.

Subayer Ahmed, of Dane Street, Burnley, was given 32 months in jail for a total of five immigration and child sex offences against two youngsters.

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Judge Jonathon Gibson said Ahmed, who has outstayed his student visa, ‘should not be in this country’.

But he does not have the power to order him to be returned home.

Senior East Lancashire politicians slammed the situation, describing it as a ‘mockery’.

The criticism came on the day David Cameron delayed plans to scrap the Human Rights Act, which transfers powers over deportation from British courts to European judges.

Judge Gibson, stressing that he could not make a decision on deportation, said: “I understand you are applying for asylum.

“Based on what information I have, it would seem to me, given what you did to these young girls, you should not really be in the UK. But it is not for me to make a formal recommendation.”

Burnley Crown Court heard how Ahmed, 29, started a relationship with one 15-year-old on Facebook and they exchanged messages.

Emma Keogh, prosecuting, said Ahmed had asked the girl what she would do if a naked man was next to her in bed and how much he was looking forward to having a bath with her.

Eventually, on August 11 last year, Ahmed booked the pair into a £39 Travelodge in Great Ducie Street, Manchester.

He was arrested in a room by police after staff reported the girl looking ‘uncomfortable’.

They did not have sex, but Ahmed later admitted engaging in sexual activity with the youngster at a cinema.

Ahmed’s phone, seized after his arrest, led to the discovery of a second 15-year-old victim, who he had also befriended on Facebook.

They had spoken on Skype and met outside the One Stop convenience store in Colne Road, Burnley, where Ahmed asked the girl for a kiss, but she declined.

The court heard Ahmed, who had permission to study legally in the UK in 2009, had been using a false Bangladeshi passport under the name Rezahul Shastab in a bid to stay in the country.

Alison Heyworth, defending, said Ahmed had no previous convictions and had been employed in various restaurants during his time in Britain.

She said: “This is a young man for whom immaturity has clouded his behaviour throughout this period.

“It is to his credit that he has co-operated with authorities and entered a guilty plea at a very early opportunity.”

Pendle’s Tory MP, Andrew Stephenson, said: “People who commit these types of crimes have no right to remain in the UK and should be sent back as quickly as possible.

“The Immigration Bill which was outlined in the Queen’s Speech today will tighten up the countless routes of appeal that people currently have to fight deportation which frustrates the British courts and authorities.

“These are exactly the types of cases where a judge should be having the final say. The judge has listened to the evidence and is in the best position to make a recommendation.

“These cases make a mockery of our system and offer too many routes of appeal.

“If people come here and break our laws and abuse our hospitality they should be deported.”

His colleague in Rossendale and Darwen, Jake Berry, added: “This is why I’m fighting the part of the Human Rights Act that takes the decision out of British judges’ hands and gives the power to foreign judges.

“If this judge, who has heard the case, thinks he should be deported then it is good enough for me.”

Ahmed was given 20 months in jail for two counts of meeting a child following sexual grooming, and one count of sexual activity with a child.

He received another 12 months for having a passport with improper intention and seeking leave to remain in the UK by deception.

Ahmed also received an indefinite Sexual Harm Prevention Order, banning him from contacting or working with people under 16.