Asylum seekers board the plane at Stansted

Yurdugal Ay and her four children, aged between seven and 14, were returned to Germany on a flight on Tuesday morning.

They had previously been lodged at the controversial Dungavel Detention Centre in Strathaven, Lanarkshire, for a year after living for over three years in Northfleet, Kent.

A lawyer acting for the family claimed their removal from the UK was a breach of international law.

Glasgow-based Aamer Anwar said that the Ays' fight for a home in the UK was not over as they could still legally appeal against the decision to deport them.

He revealed that although a last-ditch application for asylum on behalf the children had failed, immigration officials had served them with a "third country certification".

We are going to appeal from Germany on behalf of the children Ay family lawyer

The notice allows for an appeal against the decision from outside the UK and Mr Anwar said that work to prepare a fresh appeal was already under way.

"We are going to appeal from Germany on behalf of the children," he confirmed.

They are believed to be staying with friends at a refuge in the meantime.

Lawyers acting on behalf of the family have also submitted a fresh application for asylum to authorities in Germany.

Emotional appeal

A Home Office spokesman said any further UK appeal made by the family would receive proper consideration.

He said: "If they appeal then it will be considered in line with policy."

Scottish Socialist MSP Rosie Kane has flown to Berlin to make the family's case for asylum to the German authorities.

The Glasgow list MSP branded the Ay's treatment a "disgrace".

The Ay family made and lost a series of applications for refugee status in Germany over many years since they first arrived from Turkey in 1988.

The four children were the focus of a public campaign

After the applications failed they travelled clandestinely in a lorry to Britain in June 1999.

Moves to deport the family began after it was discovered that the Germans had already repeatedly dealt with their asylum claim.

Yurdugal Ay's final appeal to remain in the UK was rejected by the House of Lords last Thursday.

Her daughter Beriwan made an emotional appeal to the Home Secretary David Blunkett on Monday, asking to be allowed to remain in the UK.

Speaking from a phone inside the Gatwick removal centre, she said she wanted "nothing else" but to stay in Britain.

The Ay family are Turkish Kurds who fear they will be persecuted if returned home via Germany.

The children's father has not been heard of since he was sent home in similar circumstances.

The Home Office said Germany had accepted responsibility to consider the family's claim.