An appeal by a family of Afghan asylum seekers illegally deported to Germany has adjourned after legal arguments.

The Ahmadis were due to address the immigration appeal hearing at court in west London via a video link from abroad in their latest legal battle to return to the UK.

They were told by a High Court judge in September that Home Secretary David Blunkett should have allowed them to stay in Britain while they challenged their deportation order.

Farid and Feriba Ahmadi and their two children, aged four and six, were flown to Munich, where they had first claimed asylum, in August.

The case opened with a dispute over whether certain legal documents should be considered at the hearing.

The family, who came to England last year, were controversially arrested at a mosque in the west Midlands where they had sought refuge.

'New evidence'

The family's lawyers had complained they had not been served "critical" legal papers early enough.

But Home Office lawyers told the appeal hearing at Hatton Cross the Ahmadis had obstructed their attempts to determine more facts about their circumstances.

Adjudicator Judith Davidson ruled the legal papers could be included in the hearing.

James Badenoch QC, for the Ahmadis, had argued it would be unfair to confront the family with new evidence "given the extremely fragile state of these appellants psychologically, or psychiatrically".

But Neil Garnham QC, for the Home Office, said new evidence had arisen during an interview between the German authorities and the family which mentioned "the presence of family members" of the Ahmadis in Germany.

The hearing was adjourned to allow the Ahmadis to consult their lawyers.

Appeal court judge Mr Justice Scott Baker ruled in September the family should have been allowed to present medical evidence on their mental health before they were deported.

But he said since they were in Germany the appeal could be conducted via video link.

He gave the home secretary permission to appeal because of its wider implications for the asylum process.

Legal fees

The family will claim their human rights were breached under the European Convention.

The Home Office has agreed to pay for the family's lawyers and translators to stay with them in Germany for the appeal.

The family claimed they had been persecuted and tortured in Afghanistan.

And they claimed they faced religious and racial bigotry during seven months in Germany before coming to the UK.

A Home Office spokeswoman defended the deportation decision, saying the case encouraged other illegal immigrants to "frustrate" immigration law and claim they had endured mental suffering.

"We believe this is a fundamental example of the kind of case that seriously undermines our authority to enforce immigration laws - laws that have been decided by Parliament," she said.