Discovered, the real cat that made Tory fur fly

A cat did play a key role in the case of an illegal immigrant using human rights law to stay, after a judge suggested that separating him from the pet could cause “mental distress”, The Daily Telegraph can disclose.

Theresa May and Ken Clarke Credit: Photo: REUTERS/GETTY

Kenneth Clarke, the Justice Secretary, ridiculed a claim by Theresa May, the Home Secretary, earlier this week, that a Bolivian had been allowed to remain in Britain because of his cat. But in his 2008 ruling, seen by this newspaper, Judge James Devittie concluded that separating them could cause the man emotional trauma.

The man, now 36, was arguing his right to a family life under Article 8 of the European Convention on Human Rights because he had been with his boyfriend for four years.

The immigration judge said that their joint ownership of a pet named Maya reinforced the quality of that family life.

He went on to discuss other countries’ “increasing recognition of the significance” of pets.

Following an appeal by the Home Office, a second judge ruled that the main reason that the Bolivian could stay was because of a technical error by officials.