An Afghan family deported from Britain after police raided a mosque has won the right to challenge the decision.

Farid Ahmadi, 33, his wife Feriba, 24, and their two young children had sought sanctuary in a mosque at Lye, near Stourbridge, West Midlands, but were forcibly removed by police.

They won the right for judicial review of their case during a hearing at the High Court in London on Friday.

The couple will remain in Germany where they were sent over a week ago after losing a battle to remain in the UK.

The couple's children are "very unhappy"

Mrs Ahmadi, speaking from Germany, said: "I feel very upset and feel very sad.

"I do not know what has happened and I am so worried about my children and their schooling.

"They miss their friends in the UK and I feel very depressed."

Mr Justice Crane granted permission for a judicial review but refused to order the family be allowed to return to Britain from Germany pending the review hearing.

The judge ordered the full judicial review should be heard at the High Court as soon as possible.

Mr Justice Crane emphasised his decision was simply that the Ahmadi family had an "arguable" case which should be heard fully by the court.

The family fled Afghanistan claiming it was tortured and persecuted by the Taleban.

But the Home Office refused permission to stay in Britain, saying the Ahmadis would have to seek refuge in Germany where they first sought asylum.

Last week they were flown out of the UK and sent to Munich in a specially-chartered jet at a cost to the taxpayer of an estimated �30,000.

Lawyers acting for the family said the Home Office had not gained assurances about its treatment in Germany, despite claiming it had done.

The government have used the judicial process to make an example of this family

Soraya Walton, family friend

A legal battle was launched to bring the family back to Britain on the basis that the Home Office had not kept to its side of the deal.

Campaigner Soraya Walton, whose husband is with the family in Germany, said: "I'm just happy to get this far.

"I'm obviously upset because they still haven't allowed the family to return.

"I know the family's health is worsening.

"Farid has become very depressed about the whole thing and the children are very unhappy.

"The government have used the judicial process to make an example of this family.

"Those children deserve freedom, not to be locked up in a prison - they've done nothing wrong.

"They just want to come home."

A Home Office spokeswoman said: "The case has been looked at by six separate judges who all believed that the Home Office acted entirely within British and international law.

"We are confident that after consideration of the full facts the court will confirm that the Home Office has acted properly."

The full judicial review hearing is due to take place during the week beginning 10 September.