An Iraqi Kurd who fled Saddam Hussein's terror regime has been jailed for taking part in the Bradford riots.

But Haval Ahmed will not be deported to Iraq, even though he has been refused asylum.

Ahmed, 27, had been in Britain only five months when he became involved in the massive disturbances that rocked the city on July 7, 2001.

Video footage showed him throwing up to a dozen missiles and a traffic cone at police in the White Abbey Road area during his 35-minute involvement.

He has already had his asylum application turned down and has been served with official papers warning that he faces deportation. But Home Secretary David Blunkett has "given an undertaking" that asylum seekers will not be sent back to Iraq while the Saddam Hussein regime remains in power, Bradford Crown Court was told yesterday.

Under the Nationality, Immigration and Asylum Act passed last year an asylum seeker will be sent back to his or her country of origin if he or she is jailed for more than two years.

The Act states: "Asylum seekers who abuse our hospitality by committing serious offences will be removed if they are found guilty and given a sentence of two years or more."

Ahmed, of Bowling Old Lane, Bradford, pleaded guilty to riot and was jailed for two years and nine months.

But mitigating barrister Stephen Wood said the quasi-autonomous region of the Kurds did not have an international airport, and added: "They are not going to send him to Baghdad. The practical effect is that he will remain here."

Ahmed had fled Iraq after being persecuted and tortured by Saddam's police because of his ethnic origin, said Mr Wood.

He had since settled in this country, married and his wife was pregnant. He was also responsible for the care of two other children.

Jonathan Gibson, prosecuting, said Ahmed's photograph was published in newspapers after the riots but he was not arrested until May last year at a house in the city.

He denied being involved and only entered a guilty plea after his trial date had been fixed.

Passing sentence, the Honorary Recorder of Bradford, Judge Stephen Gullick, said that rather than recommend deportation he would leave the matter to the Home Secretary.

In mitigation Mr Wood said Ahmed suffered from aplastic anaemia which was in remission but he would need immediate medical treatment if there was a relapse.

"When he came here he was taken advantage of, in an extreme way, by unscrupulous individuals," he said.

"He was arrested and charged with allegations of rape, false imprisonment and making threats to kill on the say-so of one individual, a female."

He was remanded in custody for the equivalent of a three-month sentence, before the allegations were proved to be a "tissue of lies."

The woman admitted to police they had been put into her mind by other individuals with the aim of getting someone British citizenship. In return, she was offered the sum of £3,000.

After the case, a Home Office spokesman, said the Government's policy was not to send Iraqis back if they live in an area which is controlled by Saddam Hussein but officials were now looking at sending Kurds back as their region is not under Saddam's rule.

She said they were examining ways of returning people safely via other countries such as Turkey.