Akindoyin Akinshipe, 24, was due to be sent home after losing appeal after appeal in the British courts over his jailing for an attack on a girl of 13.
But in a staggering reversal yesterday, the European Court of Human Rights said this would breach his right to a ‘private and family life’.
This is despite him not having a wife, long-term partner or children in the UK - factors which foreign criminals have used to stay here under Article 8 of the Human Rights Act.
The panel of seven – including judges from Bosnia, Albania and Montenegro – said the court must protect his ‘social ties’ with Britain, which have grown while he resisted deportation.
They said removing him from this country – where he works for a council and attends church – would be ‘disproportionate’ as he has committed no further offences and is no longer a danger to the public.
But critics accused the Strasbourg court of undermining Britain’s border controls.
Tory MP Dominic Raab said: ‘It is a warped notion of human rights that allows a convicted rapist to claim the right to family life to avoid deportation.’
‘Inflated human rights claims threaten our border controls. It is vital we reform the Strasbourg court as well as UK law to restore some common sense.’
Last year failed asylum seeker Aso Mohammed Ibrahim, who ran over 12-year-old Amy Houston and left her to ‘die like a dog’ under the wheels of his car, used Article 8 to stay in this country because he has fathered two children here.
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